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Terms of Service

Legal terms and conditions governing your use of Despeinalb's services and website

Effective Date: January 1, 2025

Last Updated: January 1, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Despeinalb ABN [XX XXX XXX XXX] ("Company," "we," "our," or "us") regarding your use of our website (despeinalb.com) and public speaking training services.

By accessing our website, registering for our courses, or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

2. Description of Services

2.1 Public Speaking Training

Despeinalb provides public speaking and communication skills training services, including but not limited to:

  • Individual coaching sessions
  • Group training courses
  • Corporate workshops and seminars
  • Online training programs
  • Educational resources and materials
  • Consultation and assessment services

2.2 Service Delivery

Services may be delivered through various formats including in-person sessions, virtual platforms, hybrid arrangements, or self-paced online modules. Specific delivery methods will be outlined in your course enrollment or service agreement.

3. Registration and Enrollment

3.1 Eligibility

You must be at least 18 years old to register for our services independently. Participants under 18 must have parental or guardian consent and supervision as required by applicable laws.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to maintain and update this information to keep it accurate, current, and complete.

3.3 Registration Confirmation

Course registration is complete only upon our written confirmation and receipt of payment. We reserve the right to decline registration at our discretion.

4. Payment Terms

4.1 Fees and Payment

  • Course Fees: All fees are stated in Australian Dollars (AUD) and include GST where applicable
  • Payment Methods: We accept major credit cards, bank transfers, and other approved payment methods
  • Payment Schedule: Full payment is due upon registration unless alternative arrangements are specifically agreed in writing
  • Late Payments: Overdue accounts may incur administration fees and may result in suspension of services

4.2 Corporate Accounts

Corporate clients may arrange alternative payment terms subject to credit approval and signed agreements. Standard payment terms for corporate accounts are net 30 days from invoice date.

4.3 Price Changes

We reserve the right to modify pricing for future courses. Price changes will not affect existing enrollments that have been confirmed and paid.

5. Cancellation and Refund Policy

5.1 Client Cancellations

  • More than 14 days before course start: Full refund minus $50 administrative fee
  • 7-14 days before course start: 50% refund
  • Less than 7 days before course start: No refund, but may transfer to future course subject to availability and additional fees
  • After course commencement: No refunds for partial completion

5.2 Company Cancellations

In the unlikely event that we must cancel a course, participants will receive:

  • Full refund of all fees paid, or
  • Transfer to an alternative course date at no additional cost, or
  • Credit toward future services valid for 12 months

5.3 Exceptional Circumstances

In cases of serious illness, family emergency, or other exceptional circumstances, we may consider partial refunds on a case-by-case basis at our discretion.

6. Attendance and Participation

6.1 Attendance Requirements

Regular attendance is essential for course effectiveness. Participants must attend at least 80% of scheduled sessions to receive course completion certificates.

6.2 Make-up Sessions

Make-up sessions for missed classes may be available for individual courses but are not guaranteed. Group course participants may access recorded sessions where available.

6.3 Punctuality

Participants are expected to arrive on time. Late arrivals may be admitted at the instructor's discretion but will not be entitled to additional time or make-up instruction.

7. Code of Conduct

7.1 Professional Behavior

All participants must maintain professional and respectful behavior toward instructors and fellow participants. This includes:

  • Respectful communication and language
  • Active participation in learning activities
  • Constructive feedback and support for others
  • Adherence to instructor guidelines and course structure

7.2 Prohibited Conduct

The following behaviors are strictly prohibited:

  • Harassment, discrimination, or bullying of any kind
  • Disruptive behavior that interferes with learning
  • Recording or photographing sessions without explicit permission
  • Sharing proprietary course materials without authorization
  • Use of offensive language or inappropriate content

7.3 Consequences

Violation of our code of conduct may result in removal from the course without refund and prohibition from future enrollment.

8. Intellectual Property

8.1 Proprietary Materials

All course materials, content, methodologies, and resources provided by Despeinalb are proprietary and protected by intellectual property laws. This includes:

  • Training manuals and handouts
  • Presentation slides and visual aids
  • Audio and video recordings
  • Assessment tools and frameworks
  • Online platform content and resources

8.2 Limited License

Participants receive a limited, non-exclusive, non-transferable license to use course materials solely for personal learning purposes. Commercial use, reproduction, or distribution is strictly prohibited without written permission.

8.3 Participant Content

By participating in our courses, you grant us permission to use your feedback, testimonials, and participation in marketing materials unless you specifically opt out in writing.

9. Privacy and Confidentiality

9.1 Personal Information

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9.2 Learning Environment Confidentiality

Participants agree to maintain confidentiality regarding personal stories, challenges, or experiences shared by other participants during courses.

9.3 Video and Audio Recording

Course sessions may be recorded for quality assurance and training purposes. Participants will be notified when recording occurs and may opt out with potential impact on course completion requirements.

10. Disclaimers and Limitations

10.1 Educational Nature

Our services are educational in nature and designed to improve communication and public speaking skills. We do not guarantee specific career outcomes, speaking opportunities, or business results.

10.2 Individual Results

Results may vary based on individual effort, natural ability, practice, and application of learned skills. Success depends significantly on participant engagement and ongoing practice.

10.3 Professional Advice

Our services are not a substitute for professional psychological counseling, therapy, or medical treatment for anxiety disorders or other mental health conditions.

11. Limitation of Liability

11.1 Maximum Liability

To the maximum extent permitted by law, our total liability to you for any claim relating to our services shall not exceed the amount you paid for the specific service giving rise to the claim.

11.2 Excluded Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses.

11.3 Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, pandemics, or technology failures.

12. Indemnification

You agree to indemnify and hold harmless Despeinalb, its instructors, employees, and affiliates from any claims, damages, losses, or expenses arising from your violation of these Terms or misuse of our services.

13. Technology and Platform Usage

13.1 Technical Requirements

For online or hybrid courses, you are responsible for ensuring adequate internet connectivity, compatible devices, and any required software or applications.

13.2 Technical Support

We provide reasonable technical support for our platforms but are not responsible for issues arising from your internet connection, device compatibility, or external software conflicts.

13.3 Platform Rules

Use of our online platforms is subject to additional terms and acceptable use policies that will be provided upon course enrollment.

14. Continuing Education and Certification

14.1 Certificates

Course completion certificates are awarded based on attendance and participation requirements. Certificates do not constitute professional licensing or accreditation.

14.2 Continuing Education Units

Where applicable, continuing education units may be available. Participants are responsible for confirming acceptance by their professional organizations.

15. Modification of Terms

We reserve the right to modify these Terms at any time. Changes will be posted on our website with an updated effective date. Continued use of our services after changes constitutes acceptance of the modified Terms.

16. Termination

16.1 Termination by Client

You may terminate your participation in our services subject to our cancellation and refund policies outlined in Section 5.

16.2 Termination by Company

We may terminate your access to our services immediately if you violate these Terms, engage in prohibited conduct, or if continuation of services would be harmful to other participants or our business.

17. Dispute Resolution

17.1 Informal Resolution

We encourage resolution of disputes through direct communication. Please contact us at [email protected] to discuss any concerns before pursuing formal action.

17.2 Mediation

If informal resolution is unsuccessful, disputes shall first be submitted to mediation through a mutually agreed mediator or mediation service.

17.3 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any legal proceedings must be brought in the courts of Victoria.

18. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition, right, or remedy implied or imposed by the Competition and Consumer Act 2010 (Cth) or any other applicable Australian consumer protection legislation that cannot lawfully be excluded, restricted, or modified.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20. Entire Agreement

These Terms, together with our Privacy Policy and any specific course enrollment agreements, constitute the entire agreement between you and Despeinalb regarding our services and supersede all prior or contemporaneous understandings.

21. Contact Information

For questions about these Terms of Service, please contact us:

Despeinalb
85 Collins Street
Melbourne VIC 3000
Australia

Email: [email protected]
Phone: +61 3 9274 7993

Legal Inquiries: [email protected]

By enrolling in our courses or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Please ensure you read our Privacy Policy and Cookie Policy for complete information about our practices.

Despeinalb

Empowering confident communicators across Australia since 2020.

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85 Collins Street, Melbourne VIC 3000
+61 3 9274 7993
[email protected]

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