Terms and conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms of use (together with the Policies referred to below) (“terms of use”) tells you the terms of use on which you may make use of our website www.speakezee.org (“our site”), whether as a user, visitor or as a registered speaker. Use of our site includes accessing, browsing, or registering as a speaker or any other form of registration or use of our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of these terms of use for future reference.

By using our site, you confirm that you accept these terms of use, you agree to comply with them and you accept that you are entering into an agreement (“Agreement”) with Us (on the basis of these terms of use) which Agreement is legally binding on you.  If you use our site on behalf of a company, firm or organisation then both you and such company, firm or organisation shall be deemed to be party to the Agreement.  This Agreement includes these terms of use and our Privacy Policy, Acceptable Use Policy and Cookie Policy (all of which are deemed to be incorporated herein).  You will find the links to all these Policies below.

If you do not agree to these terms of use, and do not wish to enter into this Agreement, then you must not use our site in any way.

Any content, information or materials registered, uploaded, posted or contributed by any user of our site (whether by a speaker or other user) is together “Content”.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

·       Our Privacy Policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using our site, you consent to such processing and you warrant that all data provided by you is true, accurate and not misleading.

·       Our Acceptable Use Policy (see below), which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

If you purchase any goods or services from our site, then our terms and conditions of supply will apply to the sales.

Information about us

Speakezee.org is a site operated by Speakezee C.I.C. (“We” or “Us” or “Our”). We are a Community Interest Company (C.I.C.) registered in England and Wales under company number 10085959 and have our registered office at The Tythe Barn, Foxcote, Bath BA3 5YE. Our main trading address is The Tythe Barn, Foxcote, Bath BA3 5YE.

Changes to these terms

We may revise these terms of use at any time by amending this page.  Please check this page from time to time to take notice of any changes which We make, as they are binding on you. Your continued use of our site, after any such change is made, will constitute your acknowledgement of the changed terms of use, and your agreement to be bound by them.  Your sole remedy in the event that you are dissatisfied with our site in any way or with any goods, services, Content, or other information which is available on or through our site, is to discontinue using our site.

Changes to our site

We may update our site from time to time, and may change the Content at any time. However, please note that any of the Content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any Content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge provided that We may provide goods and services from time to time, for which We will make a charge.  We do not guarantee that our site, or any Content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice or cause. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must not use our site unless you are of the lawful minimum age for using a site like our site, as required by the laws of the country to which you are subject.

Registration and/or use

There is no right to be registered as a speaker or as a user on our site, or to maintain that registration, or to use our site, or to post Content on our site, or to maintain that Content on our site. 

Without cause or notice, We have the right (and shall be entitled in our absolute discretion) to temporarily or permanently withdraw your right to use our site or to remove your Content; to suspend, null-route or deny use of or access to any of your Content; to suspend or restrict or terminate your access to our site; to suspend or restrict or terminate your registration as a speaker or as a user of our site and We shall have no liability to you in the event that We exercise any of our above rights.

We do not endorse any person registered as a speaker on our site (“Speaker”), or any Content they may post on our site or their skills or abilities, or suitabilities as a speaker, or the nature, manner or content of any speech, talk or presentation which they may give.

In registering (or seeking to register) as a Speaker on our site, you will:

·       not provide any untrue, inaccurate or misleading personal information;

·       not create any registration as a Speaker for anyone other than yourself;

·       not create more than one registration;

·       keep all your Content accurate and up-to-date at all times.

YOUR ACCOUNT AND YOUR PASSWORD

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures as a Speaker, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at speakezee@btinternet.com.

Information about our use of cookies

Our site uses cookies to distinguish you from other users of our site. This helps Us to provide you with a good experience when you browse our site and also allows Us to improve our site. By continuing to browse our site, you are agreeing to our use of cookies.

A cookie is a small file of letters and numbers that We store on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive.

We use the following cookies:

·       Strictly necessary cookies. These are cookies that are required for the operation of our site. They include, for example, cookies that enable you to log into secure areas of our site, use a shopping cart or make use of e-billing services.

·       Analytical/performance cookies. They allow Us to recognise and count the number of visitors and to see how visitors move around our site when they are using it. This helps Us to improve the way our site works, for example, by ensuring that users are finding what they are looking for easily.

·       Functionality cookies. These are used to recognise you when you return to our site. This enables Us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).

·       Targeting cookies. These cookies record your visit to our site, the pages you have visited and the links you have followed. We will use this information to make our site and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which We have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to Content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The status of contributors of Content, as the authors of that Content, on our site must always be acknowledged by you.

You must not use any part of the Content on our site for commercial purposes without obtaining a licence to do so from Us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The Content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site.

Although We make reasonable efforts to update Our information (and Our Content) on our site, We make no representations, warranties or guarantees, whether express or implied, that Our information (or Our Content) on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

THE FOLLOWING EXCLUSIONS AND LIMITATIONS APPLY:

1. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS, WHETHER EXPRESS OR IMPLIED, WHICH MAY APPLY TO OUR SITE OR TO ANY CONTENT ON OUR SITE, OR TO YOUR USE OF OUR SITE IN ANY WAY.  SUCH EXCLUSION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE WHICH YOU MAY THEREBY SUFFER OR INCUR.

2. YOU AGREE TO INDEMNIFY US AND OUR OFFICERS,  DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY CLAIM, CAUSE, DEMAND, LOSS, DAMAGE, EXPENSE, FINE, PENALTY OR COST OF WHATEVER KIND WHICH WE OR THEY MAY SUFFER OR INCUR ARISING IN ANY WAY DIRECTLY OR INDIRECTLY FROM (I) YOUR BREACH OF THESE TERMS OF USE OR (II) YOUR BREACH OF ANY LAW OR (III) YOUR BREACH OR INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY OR (IV) FROM YOUR USE OF OUR SITE.

3. WE WILL NOT BE LIABLE TO YOU OR ANY USER OF OUR SITE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR ON ANY OTHER BASUS, EVEN IF FORESEEABLE ON OUR PART.

SUBJECT TO THE EXCLUSIONS AND LIMITATIONS SET OUT ABOVE, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY TO YOU IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY HOWSOEVER ARISING), MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), RESTITUTION OR OTHERWISE, ARISING IN CONNECTION WITH THESE TERMS OF USE (OR ANY BREACH BY US OF THIS AGREEMENT OR BREACH BY US ANY OF OUR CONTRACTUAL OR STATUTORY OBLIGATIONS) SHALL IN ALL CIRCUMSTANCES BE LIMITED TO THE HIGHER OF (I) A SUM EQUAL TO THE AMOUNT RECEIVED BY US FROM YOU FOR YOUR USE OF OUR SITE AND OUR SUPPLY OF GOODS OR SERVICES TO YOU AND (II) ONE POUND STERLING.

 

Without limitation, the foregoing exclusions and limitations apply to:

·       use of, or inability to use, our site; or

·       use of or reliance on any Content displayed on our site; or

·       your dealings in any way with a speaker registered on our site, or your dealings as a speaker registered on our site.

If you are a business user, please note that in particular, We will not be liable for:

·       loss of profits, sales, business, or revenue;

·       business interruption;

·       loss of anticipated savings;

·       loss of business opportunity, goodwill or reputation; or

·       any indirect or consequential loss or damage.

If you are a consumer user, please note that We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any Content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by Us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods or services to you, which will be set out in our terms and conditions of supply.

Uploading content to our site

Whenever you make use of a feature that allows you to upload Content to our site, or to make contact with Speakers or other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that your Content will, when contributed, comply with those content  standards (and will remain so compliant, while on our site), and you will be liable to Us and indemnify Us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.

Any Content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Content, but you are required to (and do) grant Us and other users of the Site a limited licence to use, store and copy that Content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy, or is otherwise in breach of any of their legal rights.

CONTENT

We will not be responsible to you, or liable to any third party, for Content.  The views expressed by the poster of Content do not represent our views or values.  When any person posts Content to our site, We neither endorse nor are responsible for such Content.  Content may include without limitation statements of fact or of opinion, advice, recommendations or information. You should not rely on Content in making (or refraining from making) any action or  decision. 

Content is provided solely by the poster and is not Our responsibility.  If you use our site then  you agree that by Our publishing, distributing or otherwise making such Content available on our site then We are doing so in good faith only and without liability to you; that such Content is published, or distributed or otherwise made available by Us (i) on an “as is” basis (ii) without any warranty as to the truth, accuracy or completeness of the Content (iii) on the basis that a user of our site will solely base their decision on the Content on their own analysis and diligence.

In registering as a Speaker on our site, or in your posting of any Content on our site, you may be exposed to Content which is or may be untrue, incomplete, inaccurate, misleading, delayed, illegal, offensive or harmful or which may violate our Acceptable Use Policy including without limitation Content which is or may be objectionable, indecent, offensive, threatening or harassing to you and you agree to waive, and hereby do waive, any legal rights which you have or may have against Us arising in any way from such Content.

           

SPEAKERS

If you choose to contact any Speaker on our site or to deal with them in any way then you do so solely at your own risk and responsibility.  We are not obliged, nor have We any responsibility, to make any investigations into, or to conduct any analysis or diligence regarding any Speaker or any Content which they may post on our site.  If you choose to contact any Speaker on our site or to deal with them in any way then you will be exercising your own, independent judgement in doing so and any decision to do so shall be your personal decision alone; you warrant to Us that you have the knowledge and skill with which to make that decision; you agree that no responsibility or liability for the consequences of that decision, or any actions by a Speaker, is accepted by Us.

You shall undertake all necessary checks to determine the suitability of that Speaker for your purposes. By using our site, you are not advising Us of any particular purpose for which you would seek to use our site, or to contact any Speaker on our site or to deal with them in any way. We are not providing you with any advice or recommendation, whether on the merits, the risks or the suitability of, any Speaker or otherwise on your entering into (in general) any correspondence, dealings or transaction of any nature with any Speaker or (in particular) a proposed speaking engagement with a particular Speaker.

 

Rights you licence

Any Content which you register, upload, post or contribute to our site is “your Content” and you agree, represent and warrant to Us that you own or have all necessary licenses, rights, consents and permissions to post, publish, disseminate and disclose your Content, and you irrevocably license to Us all copyright and other intellectual property rights in and to publication on our site of any and all of your Content, in the manner which is contemplated by our site, on a perpetual, non-exclusive, transferable, royalty-free, sub-licensable basis so that such licence shall include the right to use, modify, copy, publish, distribute and process your Content,  without the need for your consent or notice, and without any compensation to you or to any third party.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of Content on our site other than that set out above, please contact speakezee@btinternet.com.

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

GENERAL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms of use that is caused by events outside our reasonable control

Applicable law

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and We both agree to the courts of England and Wales having non-exclusive jurisdiction regarding any dispute or claim arising out of or in connection with these terms of use or their subject matter or formation (including non-contractual disputes or claims).

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales regarding any dispute or claim arising out of or in connection with these terms of use or their subject matter or formation (including non-contractual disputes or claims).

Trade marks

Speakezee is Our trade mark.

ACCEPTABLE USE POLICY

Speakezee.org is a site (“our site”) operated by Speakezee C.I.C. (“We” or “Us” or “Our”). We are a community interest company registered in England and Wales under company number 09464069 and have our registered office at The Tythe Barn, Foxcote, Bath BA3 5YE. Our main trading address is The Tythe Barn, Foxcote, Bath BA3 5YE.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of use (terms of use).

By using our site, you confirm that you accept this Acceptable Use Policy and these terms of use, you agree to comply with them and you accept that this Acceptable Use Policy forms part of an agreement (“Agreement”) with Us (on the basis of these terms of use) which Agreement is legally binding on you.  If you use our site on behalf of a company, firm or organisation then both you and such company, firm or organisation shall be deemed to be party to the Agreement.

If you do not agree to this Acceptable Use Policy and these terms of use and do not wish to enter into this Agreement, then you must not use our site in any way.

Prohibited uses

You may use our site only for lawful purposes.  You may not use our site:

·       In any way that breaches any applicable local, national or international law or regulation.

·       In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

·       For the purpose of harming or attempting to harm any person, firm, company or organisation in any way.

·       To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards stated below. 

·       To transmit, or procure the sending of, spam or any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation.

·       To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·       Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use.

·       Not to access without authority, interfere with, damage or disrupt:

·       any part of our site;

·       any equipment or network on which our site is stored;

·       any software used in the provision of our site; or

·       any equipment or network or software owned or used by any third party.

Interactive services

We may from time to time provide interactive services on our site (“interactive services”).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

You must not use our site unless you are of the lawful minimum age for using a site like our site, as required by the laws of the country to which you are subject. 

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Content standards

These content standards apply to any and all content, information or materials registered, uploaded, posted or contributed by you on our site (“your Content”), and to any interactive services associated with it.

You must comply with the spirit and the letter of the following standards.  You agree not to use, upload, post, publish, transmit, modify, reproduce, broadcast, disseminate or otherwise distribute or make available to any third party your Content (and you agree not to engage in any activity in your use of our site  (or permit or procure any third party to engage in any activity which is, or is likely to be, in breach of these content standards.

These content standards apply to each part of your Content as well as to its whole.

Your Content must:

·       Be accurate (where they state facts).

·       Be genuinely held (where they state opinions).

·       Comply with applicable law in the United Kingdom  and in any country from which they are uploaded, posted or contributed.

Your Content must not:

·       Be illegal or in breach of any law.

·       Contain any material which is defamatory of any person or is slanderous or libellous.

·       Contain any material which is obscene, offensive, hateful or inflammatory.

·       Promote sexually explicit material.

·       Promote violence.

·       Promote discrimination based on race, sex, gender, religion, nationality, disability, sexual orientation or age.

·       Infringe any copyright, database right or trade mark of any other person, firm, company or organisation.

·       Be likely to deceive any person, firm, company or organisation.

·       Be likely to cause damage, injury, loss, cost or expense to any person, firm, company or organisation or to the property of any person, firm, company or organisation.

·       Be made in breach of any legal duty owed to any person, firm, company or organisation, such as a contractual duty or a duty of confidence.

·       Promote or facilitate any illegal activity.

·       Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

·       Be likely to harass, stalk, upset, embarrass, alarm or annoy any person, firm, company or organisation.

·       Be fraudulent, deceptive or misleading.

·       Be used to impersonate any person, firm, company or organisation, or their electronic, digital or manual signature, or to misrepresent your identity or affiliation with any person, firm, company or organisation.

·       Access any computer or software or data of any person, firm, company or organisation without their informed knowledge and consent.

·       Give the impression that they emanate from Us, if this is not the case.

·       Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Suspension and termination

Without cause or notice, We have the right (and shall be entitled in our absolute discretion) to temporarily or permanently withdraw your right to use our site or to remove your Content; to suspend, null-route or deny use of or access to any of your Content; to suspend or restrict or terminate your access to our site; to suspend or restrict or terminate your registration as a speaker or as a user of our site and We shall have no liability to you in the event that we exercise any of our above rights.

Subject to the foregoing, We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

·       Immediate, temporary or permanent withdrawal of your right to use our site.

·       Immediate, temporary or permanent removal of your Content from our site.

·       Issue of a warning to you.

·       Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

·       Further legal action against you.

·       Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy.  The responses described in this Policy are not limited, and we may take any other action which we reasonably deem appropriate.

Changes to the acceptable use policy

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this Acceptable Use Policy may also be superseded by provisions or notices published elsewhere on our site.

In the event of any conflict between this Acceptable Use Policy and the terms of use, then the terms of use shall prevail.

Contact us

To contact Us, please email speakezee@btinternet.com.

Thank you for visiting our site.