Service Terms and Conditions

These Service Terms and Conditions (Terms) govern Bookings made for, and the supply of, the Services by Speaking Schools Pty Limited (ABN 12 677 570 544) (and, where applicable, its Franchisees and other Service Providers) to you. Please read these Terms carefully before making a Booking.

By making a Booking and paying the Fees (or by accepting these Terms at checkout or in a booking form), you agree to be bound by these Terms. If you do not agree, you must not make a Booking.

AGREED TERMS

1 ABOUT THESE TERMS AND WHO YOU ARE CONTRACTING WITH

1.1 Application of these Terms

These Terms apply to all Bookings made by you, whether made through the Website, by email, by telephone or by any other booking channel made available by us.

By making a Booking, accepting these Terms at checkout or in a booking form, or paying the Fees, you are deemed to have accepted these Terms in full.

If you provide your own terms and conditions after a Booking is made, those terms have no legal effect and do not form part of the agreement for the supply of the Services, unless we agree to them in writing.

1.2 Our role and who provides the Services

(a) Speaking Schools operates a network in which Programs are delivered through a combination of direct delivery by us and delivery by our Franchisees and other Service Providers. Bookings and payments may be taken by us on behalf of a Service Provider, but the Services may be delivered by that Service Provider rather than by us.

(b) Your Booking Confirmation will identify the Service Provider responsible for delivering the Services to which your Booking relates. Where the Booking Confirmation identifies a Franchisee or other Service Provider as the provider of the Services, you acknowledge and agree that:

(i) your agreement for the supply of those Services is with that Service Provider; and

(ii) we act only as booking and payment agent for that Service Provider in respect of taking the Booking, collecting the Fees and providing related administration.

(c) Where the Booking Confirmation identifies us as the provider of the Services, we contract with you directly as principal. If the Booking Confirmation does not identify a separate Service Provider, Speaking Schools will be treated as the Service Provider for that Booking. If we later notify you that a separate Service Provider will deliver the Services, this will not affect your rights under these Terms or the Consumer Guarantees. If the change materially prejudices you, you may cancel the affected Booking and receive a refund of any Fees paid for Services not yet provided.

(d) Regardless of who delivers the Services, all Bookings made through the Website are processed by us, and you authorise us to collect the Fees on behalf of the relevant Service Provider where we act as agent.

(e) Where we contract with you as principal, you acknowledge that we may subcontract or arrange for a Franchisee, contractor, area development representative or other program provider to perform some or all of the Services on our behalf.

2 DEFINITIONS AND INTERPRETATION

2.1 Definitions

In these terms, capitalised terms have the meaning given below, and any capitalised terms used in a booking confirmation have the meaning given in that document:

2.2 Interpretation

In these Terms, headings are for convenience only and do not affect interpretation; the singular includes the plural and vice versa; a reference to a person includes a body corporate; a reference to legislation includes any amendment to or replacement of it; and the words ‘including’ and ‘for example’ are not words of limitation.

3 BOOKINGS AND AUTHORITY

3.1 Making a Booking

You may make a Booking through the Website, by email, by telephone or by any other channel we make available. A Booking is not confirmed until we (or the relevant Service Provider) issue a Booking Confirmation and, where required, the Fees have been paid in accordance with clause 5.

3.2 Your authority and capacity

You warrant that you are legally responsible for each Student named in your Booking and are authorised to enter into these Terms, and to give the consents and warranties in these Terms, for and on behalf of that Student.

If you make a Booking in respect of a Student for whom you are not the parent or guardian, you warrant that you have obtained the prior consent of that Student’s parent or guardian to make the Booking and to give the consents and warranties in these Terms on their behalf.

3.3 Participation consent

You give permission for the Student to participate in the activities and Program organised as part of the Services for the days and times on which the Student is enrolled.

3.4 Media consent

Where you have provided media consent through the booking form or otherwise in writing, you authorise us, the relevant Service Provider and other members of the Speaking Schools Group to take and use photographs and video footage of the Student taken in connection with the Services for publicity, marketing, promotional and advertising purposes in accordance with the Media Release Policy.

3.5 Emergency medical care

(a) You authorise us and the relevant Service Provider, in the event of an accident, injury or illness affecting the Student, to obtain such medical aid and treatment as is reasonably necessary, including calling emergency services and administering or arranging the administration of emergency medication such as an adrenaline auto-injector/EpiPen, asthma reliever or other medication reasonably required in the circumstances. You also authorise us and the relevant Service Provider to administer routine medication to the Student where you have provided written instructions and any required medication, medical action plan or supporting information. You agree to meet all reasonable expenses associated with that treatment, except to the extent caused by our or the Service Provider’s negligence or breach of law.

(b) You agree that the Student will not attend the Services while suffering from an infectious or communicable disease as identified by the relevant health authority, or any other illness or injury that would prevent safe participation.

4 YOUR RESPONSIBILITIES AND STUDENT CONDUCT

4.1 Sign in, sign out and collection

(a) Where the Services are delivered at a physical Venue and we or the Service Provider require it, you must ensure that the Student is signed in on arrival and signed out on departure, and that the Student is collected promptly at the end of each Session.

(b) If the Student is not collected at the scheduled end time, we or the Service Provider will attempt to contact the nominated parent/guardian or authorised collection person by mobile phone up to two times. If contact cannot be made, we or the Service Provider will then attempt to contact the Student’s emergency contact up to two times. If the nominated person and emergency contact are the same person, only two call attempts will be made in total.

(c) If the Student has not been collected within 10 minutes after the scheduled end time of the Session or Program, a late collection fee of $10 for each 10-minute period, or part thereof, may be charged until the Student is collected.

(d) Where the Student is not collected promptly, you acknowledge the Student may need to be moved to, and collected from, another safe and reasonably appropriate location as notified to you by SMS, phone, email or another reasonable method for safety reasons, including where there are concerns about continued access to the Venue or building.

(e) Any late collection fees will be invoiced to you and must be paid within 7 days of the date of the invoice.

4.2 Student readiness and health

(a) You must ensure that, before the Student attends any Session or Program, the Student is ready and able to participate safely and appropriately in the Services, having regard to the nature of the Program, the activities, the Venue, the needs of other students and any reasonable directions given by us or the Service Provider.

(b) You must notify us, as soon as reasonably practicable and before the Student attends the relevant Session or Program, of any matter that may affect the Student’s ability to safely participate in the Services, including any relevant medical condition, allergy, injury, disability, behavioural need, support need, medication requirement or other health or safety concern.

(c) Where we or the Service Provider reasonably consider that further information is required to assess whether the Student can safely participate in the Services, you must provide the requested information within a reasonable time. This may include obtaining and providing a medical clearance or other relevant professional advice, where it is reasonable and necessary having regard to the nature of the Services and the Student’s circumstances.

(d) We will consider any information you provide and, where required by law, will consider whether reasonable adjustments can be made to support the Student’s participation in the Services. However, you acknowledge that we may not be able to provide the Services if, after considering the relevant circumstances, we reasonably determine that the Student’s attendance would create an unacceptable risk to the health, safety or wellbeing of the Student, other students, staff, Service Providers or others at the Venue.

4.3 Behaviour and our zero tolerance policy

(a) You must ensure that the Student behaves respectfully and appropriately while participating in the Services, including by following all reasonable instructions given by us, the Service Provider or Venue staff.

(b) We have a zero tolerance policy for bullying, harassment, violence, abuse, threatening behaviour, or conduct that is seriously disruptive or compromises the safety or wellbeing of others. Any such behaviour will be managed in accordance with our Child Safe Policy.

(c) If a Student’s behaviour or circumstances give rise to a health, safety or wellbeing concern, we or the Service Provider may take reasonable steps to manage the issue. This may include contacting you, requiring you to collect the Student, requiring further information or medical clearance before the Student returns, implementing reasonable conditions for continued attendance, or, where reasonably necessary, suspending the Student’s attendance while the issue is assessed.

(d) If, after taking reasonable steps and considering any information provided by you, we determine that the Student cannot safely or appropriately participate in the Services, we may cancel or refuse the Student’s attendance at future Sessions or Programs, to the extent permitted by law.

(e) Where a Student is unable to attend or continue attending the Services due to a health, safety or behaviour-related matter, any refund, credit or replacement Session will be determined in accordance with these Terms and the Consumer Guarantees.

5 FEES AND PAYMENT

5.1 Fees

The Fees for the Services are those set out on the Website, in the Booking Confirmation or in a schedule provided to you. Unless stated otherwise, the Fees are inclusive of GST.

5.2 How you pay

You may pay the Fees by PayPal, by Stripe (including credit or debit card) or, where we permit it at our discretion, by direct deposit or cash. Where an invoice is issued (including through Xero), payment is due within 7 days of the date of the invoice, or, if the invoice is issued less than 7 days before the relevant Program start date, before the Program commences.

5.3 Agency for collection

Where we act as agent for a Service Provider, you authorise us to receive the Fees on that Service Provider’s behalf, and payment to us discharges your obligation to pay the Fees for the relevant Booking.

6 CANCELLATIONS, REFUNDS AND CREDITS

6.1 Cancellation by you

(a) You may cancel a Booking by giving us at least 48 hours’ notice in writing before the relevant Session or Program start time. If you cancel with at least 48 hours’ notice, we will deal with your cancellation in accordance with our Refund and Credit Policy.

(b) For casual Session bookings:

(i) if you cancel with at least 48 hours’ notice, our first preference is to offer you a replacement Session, transfer or rebooking, where reasonably available. If this is not reasonably available or appropriate, we may offer you a credit or refund where we reasonably consider it appropriate, including where there are extenuating circumstances or where required by the Consumer Guarantees.

(ii) if you cancel with less than 48 hours’ notice, a cancellation fee equal to 50% of the Fees paid for the affected Session applies, except to the extent a different outcome is required by the Consumer Guarantees. You acknowledge that this fee is a genuine and reasonable pre-estimate of the loss we and the relevant Service Provider may suffer as a result of a late cancellation, having regard to committed staffing, venue, administration and other costs. We may waive or reduce this fee at our discretion, including where there are extenuating circumstances.

(iii) if you do not attend and fail to provide any notice of your absence, you will forfeit the Fee for the affected Session, except to the extent a different outcome is required by the Consumer Guarantees. We may choose to refund or credit this fee at our discretion, including where there are extenuating circumstances.

(c) For weekly term Programs, you acknowledge that your Booking reserves the Student’s place for the full term, and that we may be unable to offer that place to another student if the Student does not attend one or more Sessions. Unless required by law:

(i) missed Sessions are not automatically refundable or creditable;

(ii) where you give us at least 48 hours’ notice before the relevant Session, we may offer a credit, make-up Session, replacement Session or other accommodation for up to one missed Session per term, provided you give us a reasonable reason for the absence;

(iii) if the Student misses more than one Session in a term, we are not required to provide any further refund, credit, make-up Session or replacement Session;

(iv) where you give us less than 48 hours’ notice before the relevant Session, or the Student does not attend without notice, the Fees paid for that Session will be retained as a late cancellation fee, and you will not be entitled to a refund, credit, make-up Session or replacement Session for that missed Session, except where required by the Consumer Guarantees or where we otherwise agree;

(v) we may, at our discretion, provide an additional credit, refund, transfer or other accommodation where we reasonably consider it appropriate, including where there are extenuating circumstances, where the Student has moved away, where there is a serious issue with the relevant class, or where required by the Consumer Guarantees; and

(vi) You may withdraw the Student from the remainder of a weekly term Program by giving us at least 14 days’ written notice. Withdrawal takes effect 14 days after we receive your notice, or on a later date you nominate. If you withdraw, we will refund or credit (at your election) the Fees paid for Sessions scheduled after the effective date of withdrawal, less an administration fee of $30, which you acknowledge is a genuine and reasonable pre-estimate of our administrative costs of processing the withdrawal. Sessions scheduled before the effective date and not attended are treated as missed Sessions under our Refund and Credit Policy. This clause does not limit your rights under the Consumer Guarantees.

(d) Where you cancel with less than 48 hours’ notice before a Session, we may be unable to offer a replacement Session, credit or refund, except where we reasonably consider it appropriate or where required by the Consumer Guarantees.

(e) Nothing in this clause limits or excludes your rights under the Consumer Guarantees or any other rights you may have under the Australian Consumer Law.

6.2 No-shows

Where a Student does not attend a Session without prior written notice, that Session is forfeited and no refund or credit will be given for that Session, except to the extent required by the Consumer Guarantees.

6.3 Cancellation by us or a Service Provider

(a) We or the relevant Service Provider may cancel, reschedule, relocate or make changes to a Session or Program where reasonably necessary, including due to under-enrolment, coach or staff illness or unavailability, venue unavailability, safety concerns, operational requirements, or events outside our reasonable control.

(b) Where we or the relevant Service Provider cancel a Session or Program, we will use reasonable endeavours to notify you as soon as practicable and, where reasonably available, offer you a replacement Session, transfer, rescheduled Session or other suitable alternative. If a suitable alternative is not reasonably available or is not suitable for you, you may elect to receive a credit or refund for the affected Services, subject to your rights under the Consumer Guarantees.

(c) We are not responsible for any additional costs you incur in connection with a cancellation, rescheduling, relocation or change, except to the extent required by law or caused by our negligence, breach of law or failure to comply with the Consumer Guarantees.

6.4 Refund and Credit Policy and government vouchers

(a) Credits, refunds and replacement Sessions are otherwise governed by our Refund and Credit Policy. Nothing in this clause 6 limits your rights under the Consumer Guarantees. Government vouchers (for example, vouchers issued by a State or Territory government) that have been redeemed as part of the Fees are non-refundable, except to the extent a refund is required by law or the applicable voucher scheme.

(b) Credits may be used for the same Student or, with our consent, another student nominated by you. If a credit is issued because we have cancelled a Session or Program, or because we are unable to provide the Services, the credit period will be extended for any period during which there are no reasonably suitable Services available for you to use the credit. Where required by the Consumer Guarantees, you may be entitled to a refund or other remedy instead of, or in addition to, a credit. Nothing in this clause limits your rights under the Consumer Guarantees.

6.5 MONEY-back guarantee

If you are not satisfied with a multi-Session Program after the Student’s first Session, you may request a refund of the Fees paid for the unused Sessions in that Program, provided you notify us in writing before the second Session of that Program. This guarantee does not apply to one-off Sessions or Programs, or if the Student has attended the second or any later Session, unless otherwise required by law.

7 CONSUMER GUARANTEES AND LIABILITY

7.1 Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any Consumer Guarantee or any right or remedy you may have under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

7.2 Limitation where permitted

(a) Where the Services are not of a kind ordinarily acquired for personal, domestic or household use, and to the extent permitted by law, our liability for a failure to comply with a Consumer Guarantee is limited, at our option, to resupplying the relevant Services or paying the cost of having them resupplied.

(b) Subject to clauses 7.1 and 7.3, and to the extent permitted by law, the total aggregate liability of us and each Service Provider to you arising out of or in connection with the Services and these Terms is limited to the amount of the Fees paid by you for the Services giving rise to the liability. This limitation does not apply to liability arising from negligence, wilful misconduct, fraud, death or personal injury, or any breach of law or other liability to the extent that it cannot lawfully be limited.

(c) Subject to clauses 7.1 and 7.3, and to the extent permitted by law, neither we nor any Service Provider is liable for any indirect, special or consequential loss, or for loss of profits, arising out of or in connection with the Services or these Terms.

(d) The exclusions, limitations and protections in this clause 7 apply for the benefit of us, each Service Provider, and our and their officers, employees, contractors, agents, instructors, facilitators and representatives. We hold the benefit of this clause on trust for those persons.

7.3 Ordinary risks and personal injury

(a) You acknowledge that the Services may involve ordinary risks associated with children participating in group educational activities, workshops, classes, public speaking exercises, debating activities, games, supervised group activities and attendance at Venues. These risks may include minor accidents, illness, injury, distress, interaction with other students, or disruption arising from the conduct of other participants.

(b) You are responsible for considering whether the Services are suitable for the Student, having regard to the Student’s age, health, medical conditions, allergies, behavioural needs, support needs and any other relevant circumstances disclosed to us or the Service Provider.

(c) Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified, including liability arising under the Consumer Guarantees.

(d) Nothing in these Terms limits or excludes our liability, or the liability of a Service Provider, for negligence, wilful misconduct, fraud, breach of law, or any liability for death or personal injury to the extent caused or contributed to by us, the relevant Service Provider, or our or their officers, employees, agents or contractors.

(e) Subject to clauses 7.1 and 7.3(c) and (d), and to the extent permitted by law, you acknowledge that neither we nor any Service Provider will be liable for loss, damage, illness or injury arising from the Student’s participation in the Services to the extent that the loss, damage, illness or injury is caused by:

(i) your failure to provide accurate or complete information about the Student;

(ii) the Student’s failure to follow reasonable directions;

(iii) the conduct of another student, parent, guardian or third party, except to the extent we or the Service Provider failed to take reasonable care; or

(iv) events outside our reasonable control.

(f) You acknowledge that the Services may include incidental recreational and physical activities, including supervised play during breaks, handball, drama games, group games and other activities involving movement or physical interaction. You acknowledge that these activities carry ordinary risks, including trips, falls, collisions, minor injuries and interactions with other students. You are responsible for considering whether the Services are suitable for the Student, having regard to the Student’s age, health, medical conditions, allergies, behavioural needs and any other relevant circumstances disclosed to us. Nothing in these Terms excludes, restricts or modifies any liability that cannot lawfully be excluded, restricted or modified, including liability arising under the Consumer Guarantees or liability for negligence, breach of law, death or personal injury to the extent caused or contributed to by us or the relevant Service Provider.

8 INTELLECTUAL PROPERTY

(a) All Intellectual Property in or relating to the Services, including any course materials, lesson plans, programs, activities, resources, documents, templates, content, branding, trade marks, business methods and other materials provided or made available in connection with the Services, is owned by Speaking Schools Holdings Pty Limited (ABN 27 620 374 405) (Speaking Schools Holdings) or its licensors.

(b) You must ensure that any materials, content or information you or the Student provide to us do not infringe any third party rights.

(c) Speaking Schools Holdings licenses certain Intellectual Property to the relevant Speaking Schools franchisor or operating entity, which may in turn make that Intellectual Property available to you and the Student for the limited purpose of receiving and participating in the Services.

(d) Subject to your compliance with these Terms, you and the Student are granted a limited, non-exclusive, non-transferable, revocable licence to use the Intellectual Property solely for the Student’s personal, non-commercial use in connection with the Services.

(e) You must not, and must ensure that the Student does not, without our prior written consent:

(i) copy, reproduce, publish, distribute, share, sell, license, upload, transmit or otherwise make available any Intellectual Property;

(ii) use the Intellectual Property for any commercial purpose, including to provide, develop or assist with any competing or similar services;

(iii) modify, adapt, translate, reverse engineer or create derivative works from the Intellectual Property; or

(iv) remove or alter any copyright, trade mark or proprietary notices appearing on the Intellectual Property.

(f) You must take all reasonable steps to prevent the unauthorised use, reproduction or distribution of the Intellectual Property, including by the Student or any other person who accesses the Intellectual Property through you or the Student.

(g) Nothing in these Terms transfers ownership of any Intellectual Property to you or the Student. All rights not expressly granted are reserved by Speaking Schools Holdings its licensors.

9 PRIVACY AND PERSONAL INFORMATION

(a) We collect, use and disclose personal information (including personal and sensitive information about the Student) in accordance with our Privacy Policy available here and on our Website.

(b) By making a Booking, you consent to us sharing relevant personal information with the relevant Service Provider for the purpose of delivering the Services. This may include health information, medical conditions, allergies, behavioural or support needs and emergency contact information, where reasonably necessary to manage the Student’s participation, safety and wellbeing.

10 TERM AND TERMINATION

(a) These Terms apply from the time you make a Booking and continue until the Services are completed or these Terms are terminated, whichever occurs earlier.

(b) Either you or we, or the relevant Service Provider, may terminate a Booking for convenience by giving 14 days’ written notice.

(i) If you terminate for convenience, the cancellation, refund and credit provisions in clause 6 apply to any affected Services.

(ii) If we or the relevant Service Provider terminate for convenience, you will be entitled to a refund of any Fees paid for Services not yet provided, unless you elect to receive a credit or replacement Session instead.

(c) We or the relevant Service Provider may terminate a Booking immediately by written notice if you or a Student materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within a reasonable time of being asked to do so.

11 GENERAL

11.1 Entire agreement

These Terms, together with the Booking Confirmation, our policies and any documents referred to in them, comprise the entire agreement between you and us (and the relevant Service Provider) in relation to the Services, and supersede all prior arrangements, representations and communications, whether written or oral.

11.2 Variation

We may amend these Terms from time to time by publishing the updated Terms on the Website. Any amendment does not affect a Booking made before the updated Terms take effect, and the Terms applying to your Booking are those in force at the time the Booking is confirmed. Any policy referred to in these Terms applies in the form in force at the time your Booking is confirmed, unless an updated version is required by law or is more favourable to you.

11.3 Severance

If a provision of these Terms is invalid or unenforceable, it is to be read down so as to be valid and enforceable or, if it cannot be read down, severed to the extent of the invalidity without affecting the remaining provisions.

11.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to a related body corporate or Service Provider on written notice to you, provided the transfer does not materially reduce your rights or remedies under these Terms. If the transfer materially prejudices you, you may cancel any affected Booking and receive a refund of Fees paid for Services not yet provided.

11.5 Notices

Notices under these terms may be given by email to the address you provided when making the booking, or to us at contact@speakingschools.com.au

11.6 Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them.

11.7 DISPUTE RESOLUTION

(a) If a dispute arises in connection with these Terms or the Services, either party may give the other party written notice setting out reasonable details of the dispute.

(b) The parties agree to first try to resolve the dispute in good faith through discussion or correspondence within a reasonable period after the notice is given.

(c) If the dispute is not resolved within 30 days after the notice is given, either party may take any other steps available to it, including commencing court proceedings.

(d) Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief, contacting a regulator, making a complaint to a consumer protection body, or exercising any rights or remedies under the Consumer Guarantees.