UA-34229871-2

Terms and Conditions

The following are the terms of the agreement between David Edwards, Raymond Potter and Lisa Hudson trading as Ezy-Speech ("Ezy-Speech") and the buyer ("Buyer") of goods or services through the Ezy-Speech Website ("www.ezyspeech.com.au"). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully:

1. Introduction
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between Ezy-Speech and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.

2. Setup and Payment
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honoured by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Ezy-Speech within 24 hours of any breach of this Contract or unauthorized use of the password. Ezy-Speech does not protect Buyer from unauthorized use of Buyer's password.

3. Copyright
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site and Goods (DVDs) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site and Goods (DVDs) is prohibited.

4. Editing, Deleting and Modification
Ezy-Speech reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Ezy-Speech may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.

5. Right to Refuse
Ezy-Speech reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.

6. Indemnification
Buyer agrees to indemnify, defend and hold Ezy-Speech and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of this Contract or use of the Site. All members contacting other members or speech pathologists do so at their own risk.

7. Non-Transferable
Buyer's right to use the Service is not transferable and is subject to any limits established by Ezy-Speech or by Buyer's credit card company.

8. Disclaimer
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF EZY-SPEECH, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. EZY-SPEECH AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EZY-SPEECH AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

9. Refund Policy
If a product purchased is defective the buyer can return the product in its original condition within [7] days of receipt, to the following address: PO Box 371 Robina Qld Australia 4226. In such event, Ezy-Speech shall provide the Buyer a credit for another purchase from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer's sole and exclusive right to refund.

10. Shipping and Delivery Policy
We deliver products within Australia, using Australia Post, and internationally. The shipping and handling cost is a flat rate worldwide (AUD $29.95) and will be added to the order total before checkout. Orders are dispatched within 4 business days and shipping times are estimated at between 3-14 business days within Australia, and 2-3 weeks internationally.

11. Customer Service Policy
Ezy-Speech is committed to providing exceptional customer service and quality products. We endeavour to make sure that all products listed on our website are currently in stock and pricing is true and correct. Standard delivery timeframes are between 1-3 weeks; in the event that an ordered item is not available or we are unable to fulfil your order we will notify you within 2 business days to arrange an agreeable alternative item, a backorder or a full refund.

12. Rescheduling of Skype Booking
Members must notify Ezy-Speech at least 48 hours before their scheduled booking if there is a need to reschedule. If due notice is given, members will be able to rebook sessions within 4 weeks. If members do not give at least 48 hours' notice, or miss their Skype video call, they will forfeit the session. If cancellation or incompletion of a session is due to an action by Ezy-Speech or an Ezy-Speech practitioner, then the practitioner will be responsible for providing another Skype session at the member’s convenience.

13. Use of Information
Ezy-Speech reserves the right, and Buyer authorizes Ezy-Speech, to the use and assignment of all information regarding Buyer's use of the Site and all information provided by Buyer, subject to applicable law.

14. Governing Law
This Contract shall be treated as though it were executed and performed in the state of Queensland, Australia and shall be governed by and construed in accordance with the laws of the state of Queensland, Australia. All actions shall be subject to the limitations set forth in Section 8.

15. Litigation
All legal proceedings arising out of or in connection with this Contract shall be brought solely in the state of Queensland, Australia and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or Ezy-Speech is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Ezy-Speech to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.

16. Acknowledgement
This Agreement represents the entire understanding between you and us and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS CONTRACT, please click the "I Agree" at the foot of the checkout page. If you do not agree to the terms of the Contract, please log off the system.

If you don't click on "I Agree" then you will not be able to purchase any goods or services.

Ezy-Speech Purchase Agreements
It must be mentioned that any one individual purchasing the Ezy-Speech program agrees that he/she :
  • Only uses the Ezy-Speech program for personal therapy, and that sharing, copying or providing the program to others for personal or financial gain is contravening global copyright laws.
  • If purchasing the Ezy-Speech program for an individual, that the Ezy-Speech program always remains the property of the individual for whom the program was purchased and the use of that program remains the sole right only to the individual whose name is recorded on the Ezy-Speech order page.
  • Only an individual/Speech Pathologist has the right to become part of the Ezy-Speech Network.

It must be mentioned that any Speech Pathologist/Speech Therapist purchasing the Ezy-Speech program agrees that he/she :
  • Remains the sole user of the Ezy-Speech program for use in only his/her personal business.
  • At no time should the Ezy-Speech program be shared, copied or provided to individuals outside your personal business construct. This act will contravene global copyright laws.
  • Only has the right as an individual Speech Pathologist to become part of the Ezy-Speech Network.