Terms and Conditions
Terms of Use:
Welcome
to Samespeak.com (“Site”), which is owned and operated by Asset Rich Ltd. The
following Terms of Use Agreement (“Agreement”) governs your access to and use
of the Site. Please review the entire Agreement carefully. The Samespeak
service and network (collectively, "Samespeak" or "the
Service") are operated by Asset Rich Ltd and its corporate affiliates
(collectively, "us", "we" or "the Company"). By
accessing or using our web site at www.samespeak.com, you (the
"User") signify that you have read, understand and agree to be bound
by these Terms of Use ("Terms of Use" or "Agreement"),
whether or not you are a registered member of Samespeak.com.
1. General
We
reserve the right, at our sole discretion, to change, modify, add, or delete
portions of these Terms of Use at any time without further notice. If we do
this, we will post the changes to these Terms of Use on this page and will
indicate at the top of this page the date these terms were last revised. Your
continued use of the Service or the Site after any such changes constitutes
your acceptance of the new Terms of Use. If you do not agree to abide by these
or any future Terms of Use, do not use or access (or continue to use or access)
the Service or the Site. It is your responsibility to regularly check the Site
to determine if there have been changes to these Terms of Use and to review
such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY
CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
2. Eligibility
Membership
in the Service is void where prohibited. This Site is intended solely for users
who are sixteen (16) years of age or older. Registration by, use of or
access to the Site by anyone under 16 is unauthorized, unlicensed and in
violation of these Terms of Use. By using the Service or the Site, you
represent and warrant that you are 16 or older and that you agree to and to
abide by all of the terms and conditions of this Agreement.
Registration
as a coach is intended solely for users who speak English as their first
language. Registration by, use of or access to the Site by any coach who’s
first language is not English is unauthorized, unlicensed and in violation of
these Terms of Use. By using the Service or the Site, you represent and warrant
that English is your first language and that you agree to and to abide by all
of the terms and conditions of this Agreement.
3. Privacy
Your
use of the Site will be governed by the Samespeak.com Privacy Policy. By
checking the box indicating you accept the terms of this Agreement, you also
indicate that you understand and consent to the information collection, use,
and disclosure practices described in our Privacy Policy. You are automatically subscribed to our Coach newsletter when checking the box indicating the terms of this Agreement and are free to unsubscribe at any time.
4. Term.
This
Agreement shall remain in full force and effect while you use Samespeak.com or
are a Member. Samespeak.com may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will remain in
effect. You may terminate your Membership at any time, for any reason, by
contacting us by email at admin@samespeak.com. Requests account termination may
be made in writing to:
Samespeak – Account Termination
68 Great South Road
Taupiri
New Zealand
5. Fees.
You
acknowledge that Samespeak.com reserves the right to charge for the Samespeak
Services and to change its fees from time to time in its discretion.
At no
time will you be charged without your prior knowledge and explicit consent.
6. Applicable Laws
You
are required to comply with all applicable laws in connection with your access
to and use of the Site, and such further limitations as may be set forth in any
written or online notice from Asset Rich Ltd. As a condition of your
access to and use of the Site, you warrant that you will not use the Site for
any purpose that is unlawful or prohibited by the Agreement. Use of the
Site is for your personal and non-commercial use, and Asset Rich Ltd does not
grant you any express or implied rights to access or use the Site for any other
purpose.
7. Registration and Verification
To
become a Samespeak.com member, you need to register with Samespeak.com.
When registering, you must fill in all mandatory fields with true, accurate,
current and complete information about yourself as prompted in the registration
form and maintain and promptly update this information to keep it true,
accurate, current and complete. Samespeak.com has the right to suspend or
terminate your account and refuse any and all current or future use of its
service if it suspects that such information is untrue, inaccurate, not current
or incomplete.
To
become a Samespeak.com coach, you can apply to be verified as a first language
speaker of English with Samespeak.com. Verification will be completed by Asset
Rich Ltd through a live call of no longer than 10 minutes. The criteria for
verification as a Coach will be at the sole discretion of Asset Rich Ltd. When
undergoing the verification process, you must provide true, accurate, current
and complete information about yourself as prompted in the registration form.
By checking the box indicating you accept the terms of this Agreement, you also
indicate that you understand and consent to the verification process used by
Asset Rich Ltd.
8. Security
You
are responsible for maintaining the confidentiality of the password and
username you provided during the registration process, and you are fully
responsible for all activities that occur under your password or account.
You agree to immediately notify Samespeak.com of any unauthorized use of your
password or username or any other breach of security.
9. Storage
You
acknowledge that Asset Rich Ltd may establish general practices and limits
concerning use of Samespeak.com, including without limitation the maximum
number of days that messages, lesson reservations, lesson progress, lesson
data, lesson comments, or other uploaded content will be retained by Samespeak.com,
the maximum number of messages or other content that may be sent from or
received by an account on Samespeak. com, the maximum size of any message or
other content that may be sent from or received by an account on the Service,
the maximum disk space that will be allocated on Samespeak.com servers on your
behalf, and the maximum number of times (and the maximum duration for which)
you may access Samespeak.com in a given period of time. You agree that Asset
Rich Ltd has no responsibility or liability for the deletion or failure to
store any messages, lesson reservations, lesson progress, lesson data, lesson
comments, or other uploaded content maintained or transmitted by Samespeak.com.
You acknowledge that Asset Rich Ltd reserves the right to deactivate accounts
that are inactive for an extended period of time. You further acknowledge that Asset
Rich Ltd reserves the right to modify these general practices and limits from
time to time.
10. Copyrights
All
copyright rights in the text, images, photographs, graphics, user interface,
and other content provided on the Site, and the selection, coordination, and
arrangement of such content (“Content”), are owned by Asset Rich Ltd or its
third-party licensors to the full extent provided under the New Zealand
Copyright Act and all international copyright laws. Any reproduction,
copying, or redistribution of the Content for commercial purposes is strictly
prohibited without Asset Rich Ltd’s prior written consent. Requests for
permission to reproduce any Content must be made in writing to:
Asset Rich Ltd - Content Licensing
68 Great South Road
Taupiri
New Zealand
11. Trade and Service Mark Rights
All
rights in the product names, company names, trade names, logos, and designs of
all Asset Rich Ltd or third-party products or services, whether or not
appearing in large print or with the trademark symbol, belong exclusively to Asset
Rich Ltd or their respective owners and are protected from reproduction,
imitation, dilution, or confusing or misleading uses under national and
international trademark and copyright laws. The use or misuse of these
trademarks or any materials, except as permitted herein, is expressly
prohibited, and nothing stated or implied on the Site confers on you any
license or right under any patent or trademark of Asset Rich Ltd or any third
party.
12. User Content and Communications
Other
than personal information, which is covered under the Asset Rich Ltd.com
Privacy Policy, any information you transmit or post to the Site shall be
considered non-confidential and non-proprietary. Asset Rich Ltd does not
claim ownership of any information or material you transmit, distribute, post,
communicate or store on, to or through the Site. However, by submitting
or posting information on, to, or through the Site, you agree that Asset Rich
Ltd shall be free in perpetuity to copy, disclose, distribute, incorporate, and
otherwise use such information and all data, images, sounds, text and other
materials embodied therein for any and all commercial or non-commercial
purposes. No compensation will be paid with respect to the use of this
information.
You
agree not to transmit, distribute, post, communicate or store information or
other material on, to or through the Site that:
(a)
is
copyrighted, unless you are the copyright owner;
(b)
infringes
on any other intellectual property rights of others or on the privacy or
publicity rights of others;
(c)
reveals
a trade secret, unless you own it;
(d)
is
obscene, libellous, defamatory, threatening, harassing, abusive, hateful,
sexually-explicit, or embarrassing to any other person or entity as determined
by Asset Rich Ltd in its sole discretion;
(e)
is
illegal or otherwise objectionable;
(f)
constitutes
advertisements or solicitations of business, surveys, contests, chain letters
or pyramid schemes; or
(g)
contains
viruses, Trojan horses, worms, time bombs, or other computer programming
routines or engines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or information.
By
using this site, you understand and agree that Asset Rich Ltd may at any time
monitor, review, use, or disclose any content or communication posted or
transmitted by, to, or from you on the Site. You further understand and
agree that Asset Rich Ltd may use or disclose any information related to you
(including content or communications posted or transmitted on the Site) for any
reason related to the operation of the Site, in order to investigate, prevent,
or take action regarding activities that may be prohibited or unlawful, to
exercise our legal rights under the Agreement, or otherwise to protect the
rights and property of Asset Rich Ltd or any third party.
13. Prohibited Uses Generally
Without
limiting the foregoing, you agree not to:
- harvest or collect email
addresses or other contact information of other users from the Service or
the Site by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications;
- use the Service or the Site
in any unlawful manner or in any other manner that could damage, disable,
overburden or impair the Site;
- use automated scripts to
collect information from or otherwise interact with the Service or the
Site;
- upload, post, transmit,
share, store or otherwise make available any content that we deem to be
harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy
or publicity rights, hateful, or racially, ethnically or otherwise
objectionable;
- upload, post, transmit,
share, store or otherwise make available any videos other than those of a
personal nature that: (i) are of you or your friends, (ii) are taken by
you or your friends, or (iii) are original art or animation created by you
or your friends;
- register for more than one
User account, register for a User account on behalf of an individual other
than yourself, or register for a User account on behalf of any group or
entity;
- impersonate any person or
entity, or falsely state or otherwise misrepresent yourself, your age or
your affiliation with any person or entity;
- upload, post, transmit,
share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
- upload, post, transmit,
share, store or otherwise make publicly available on the Site any private
information of any third party, including, without limitation, addresses, phone
numbers, email addresses and credit card numbers;
- solicit personal information
from anyone under 18 or solicit passwords or personally identifying
information for commercial or unlawful purposes;
- upload, post, transmit,
share or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
- intimidate or harass
another;
- upload, post, transmit,
share, store or otherwise make available content that would constitute,
encourage or provide instructions for a criminal offense, violate the
rights of any party, or that would otherwise create liability or violate
any local, state, national or international law;
- use or attempt to use
another's account, service or system without authorization from the
Company, or create a false identity on the Service or the Site.
- upload, post, transmit,
share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which may expose Company
or its users to any harm or liability of any type.
Violations
of system or network security may result in civil or criminal liability.
In accordance with these Terms of Use, Asset Rich Ltd will investigate and work
with law enforcement authorities to prosecute users who are involved in such
violations.
14. Member Disputes.
You
are solely responsible for your interactions with other Samespeak.com Members. Samespeaka.com
reserves the right, but has no obligation, to monitor disputes between you and
other Members.
15. Third-Party Content and Links to
Third-Party Web Sites
The
Site may contain third-party owned content and links to other websites (“Linked
Sites”). Asset Rich Ltd does not endorse, sponsor, recommend, or
otherwise accept responsibility for any Linked Sites. In addition, Linked
Sites are not under the control of Asset Rich Ltd, and Asset Rich Ltd is not
responsible for the content or privacy practices of the Linked Sites,
including, without limitation, links contained on Linked Sites or any changes
or updates to Linked Sites. Asset Rich Ltd is providing third-party
content and Linked Sites to you only as a convenience, and the inclusion of
such third-party content and Linked Sites is not an endorsement by Asset Rich
Ltd in favour of any third party.
16. Notice of Copyright Infringement
If
you believe that your work has been copied and is accessible on the Site in a
way that constitutes copyright infringement, please provide Asset Rich Ltd C
with the following information:
(a)
identification
of the copyrighted work claimed to have been infringed;
(b)
identification
of the allegedly infringing material on the Site that is requested to be
removed;
(c)
your
name, address, and daytime telephone number, and an e-mail address if
available, so that Asset Rich Ltd may contact you if necessary;
(d)
a
statement that you have a good faith belief that the use of the copyrighted
work is not authorized by the copyright owner, its agent, or the law;
(e)
a
statement that the information in the notification is accurate and, under
penalty of perjury, that the signatory is authorized to act on behalf of the
owner of an exclusive copyright right that is allegedly infringed; and
(f)
an
electronic or physical signature of the copyright owner or someone authorized
on the owner’s behalf to assert infringement of copyright and to submit the
statement.
Asset
Rich Ltd for notice of claims of copyright infringement on the Site can be
reached as follows:
Asset Rich Ltd – Copyright
68 Great South Road
Taupiri
New Zealand
Asset
Rich Ltd will remove any content that infringes upon the copyright of any
person under the laws of New Zealand upon receipt of such a statement.
17. Acceptance of Terms
1.
Electronic
Signature. This Agreement is an electronic contract that governs your use
of and access to the Site. By checking the box indicating you accept
these terms, you create an electronic signature that has the same legal force
and effect as a handwritten signature.
2.
Electronic
Form. When you check the box indicating your acceptance of the Agreement,
you also consent to have the Agreement provided to you in electronic form and
agree to receive information about your account electronically. Asset
Rich Ltd reserves the right to send you information about your account by
postal mail.
3.
Non-electronic
Copy. You have the right to receive this Agreement in non-electronic
form. You may request a non-electronic copy of this Agreement either
before or after you electronically sign it. To receive a non-electronic
copy of the Agreement, please send an e-mail to admin@Samespeak.com or a
letter and self-addressed, stamped envelope to:
Asset Rich Ltd – Terms of Use Request
68 Great South Road
Taupiri
New Zealand
4.
Withdrawing Your Consent. You have the right at any time to withdraw your
consent to have the Agreement provided to you in electronic form. Should
you choose to withdraw your consent to have the Agreement provided to you in
electronic form, you will no longer be enrolled in the Site and you will not be
able to access password-protected areas of the Site. We only will issue
you a new username and password for the Site after we receive a signed
copy of a non-electronic version of the Agreement, which we will send to you
upon request. To withdraw your consent and/or request a non-electronic
copy of the Agreement, please send an email to admin@samespeak.com or a
letter and self-addressed stamped envelope to:
Asset Rich Ltd – Withdrawal of consent
68 Great South Road
Taupiri
New Zealand
Your
withdrawal of consent will be effective within a reasonable time after Asset
Rich Ltd receives the notice described above, and it will not affect any action
taken in reliance on your consent or the continuing enforceability of the
Agreement.
5.
Access
and Retention. In order to access and retain the Agreement, you must have
access to the World Wide Web, either directly or through devices that access
Web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to
the World Wide Web, including a computer and modem or other access
device. Please print a copy of the Agreement for your records.
To retain an electronic copy of the Agreement, you may save it into any word
processing program. We will notify you of any changes in the hardware or
software requirements needed to access or retain the Agreement that create a
material risk that you will not be able to continue to access or retain it.
18. Disclaimer of Warranties
THE
SITE IS PROVIDED “AS IS.” ASSET RICH LTD MAKES NO REPRESENTATION OR
WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER
CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. ASSET
RICH LTD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH
REPRESENTATIONS AND WARRANTIES.
WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ASSET RICH LTD DISCLAIMS TO THE
MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY
THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING
TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE
ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON
THE SITE OR OTHERWISE BY ASSET RICH LTD, AND (e) WARRANTIES OTHERWISE RELATING
TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ASSETRICH LTD OR
ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET
YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
ASSET
RICH LTD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT
THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION,
INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR
(d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT
NOTICE, AND ASSET RICH LTD DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
ANY
AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL
CONFIRMATION BY ASSET RICH LTD. YOUR RELIANCE ON SUCH INFORMATION
PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.
19. Limitation of Liability
IN NO
EVENT WILL ASSET RICH LTD OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR
ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN
CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM
FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED
TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE ASSET
RICH LTD FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING
OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These
limitations apply whether the alleged liability is based on contract,
negligence, strict liability, or any other basis, even if Asset Rich Ltd has
been advised of the possibility of such damage. Because some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, Asset Rich Ltd’s liability in such jurisdictions shall
be limited to the extent permitted by law.
20. Indemnification
You
agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their directors, officers, agents, contractors, partners and employees,
harmless from and against any loss, liability, claim, demand, damages, costs
and expenses, including reasonable attorney's fees, arising out of or in
connection with any User Content, any Third Party Applications, Software or
Content you post or share on or through the Site (including without limitation
through the Share Service), your use of the Service or the Site, your conduct
in connection with the Service or the Site or with other users of the Service
or the Site, or any violation of this Agreement or of any law or the rights of
any third party.
21. Choice of Law and Forum
The
Agreement is subject to the laws of New Zealand. If there is any dispute
between us concerning the Agreement or your access to or use of the Site, we
both agree to submit the dispute to non-binding mediation, followed by binding
arbitration.
22. Termination
Asset
Rich Ltd reserves the right, in its sole discretion, to terminate your access
to and use of the Site, with or without notice. Otherwise applicable
sections of the Agreement shall survive termination.
23. Nondisclosure
Recipient
will not use any information about the Samespeak service for any purpose except
to evaluate the service and provide feedback to Samespeak. Recipient will not
disclose any information about the Samespeak service including but not limited
to features, content, screen shots, members to any third party. This
restriction will survive until the Samespeak service becomes publicly known and
is made generally available through no action or inaction of the user
24. No Waiver
The
failure of Asset Rich Ltd to enforce any provisions of the Agreement or respond
to a breach by you or other parties shall not in any way waive its right to
enforce subsequently any terms or conditions of the Agreement or to act with
respect to similar breaches.
25. Miscellaneous
You
agree that no joint venture, partnership, employment, or agency relationship
exists between you and Asset Rich Ltd as a result of the Agreement or your
access to and use of the Site. A printed version of the Agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to the Agreement to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. Unless otherwise
specified herein, the Agreement constitutes the entire agreement between you
and Asset Rich Ltd and governs your use of the Site. If any portion of
the Agreement is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as possible,
the original intention of the parties, and the remaining portions shall remain
in full force and effect.