Terms & Conditions

www.speechandpronunciation.com (“our site”)

Including (together “the Terms”)

  1. Information about us and our sites
  2. Terms of Website Use (“Terms of Use”)
  3. Terms and Conditions of Supply of Goods and Services (“Terms of Supply”)
  4. Privacy Policy (“Privacy Policy”)
  5. Acceptable Use Policy (“Acceptable Use Policy”)
  6. Any further terms set out on specific pages of our site (“Further Terms”)
  1. Information about us and our websites

    www.speechandpronunciation.com (“our site”) is a site operated by English Speech and Pronunciation Limited (“we/us/our“). We are a limited company registered in England and Wales under company number 6984318 and have our registered office at Westwood House Highcross Road Southfleet Kent DA13 9PH England.

  2. Terms of use

    This section B (together with the documents referred to in it) tells you the terms on which you may make use of our site (“Terms of Use”), whether as a guest or a registered user. Please read these Terms of Use carefully before you start to use our site. By using our site, you confirm that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our site.

    1. Accessing our site

      1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We shall not be liable if for any reason our site is unavailable at any time or for any period.
      2. From time to time, we may restrict access to some parts of our site, or the whole of our site, to users who have registered with us.
      3. 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, you must treat such information as confidential, and 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 sole opinion you have failed to comply with any of the provisions of these Terms of Use.
      4. When using our site, you must also comply with the provisions of our Acceptable Use Policy.
      5. 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 the Terms, and that they comply with them.
    2. Intellectual property rights

      1. We are the owners or the licensees of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
      2. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
      3. 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.
      4. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
      5. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
      6. 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, immediately upon our request, return or destroy any copies of the materials you have made.
    3. Reliance on information posted

      Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

    4. Our site changes regularly

      We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

    5. Our liability

      1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We make no warranty or representation that our site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure. To the extent permitted by law, we, other members of our group of companies, our members, directors, officers, employees or other representatives and third parties connected to us hereby expressly exclude:
        1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity
        2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
          • loss of income or revenue
          • loss of business
          • loss of profits or contracts
          • loss of anticipated savings
          • loss of data
          • loss of goodwill and/or reputation
          • wasted management or office time; and/or
          • any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
      2. Except where specifically stated on our site, to the fullest extent permitted by law, none of us, our members, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of our site or the information, services or products included or advertised on or received through our site.
      3. Nothing in this Clause 5 affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
    6. Information about you and your visits to our site

      We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

    7. Transactions concluded through our site

      Contracts for the supply of goods and services made through our site or as a result of visits made by you are governed by our Terms of Supply.

    8. Uploading material to our site

      1. Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution complies with those standards, and you indemnify us for any breach of that warranty.
      2. Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, edit, alter, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of his/her/its intellectual property rights or right to privacy or where we are under a legal obligation to disclose your identity and/or such material.
      3. We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of our site.
      4. We have the right to reject or remove any material or posting you make on our site if, in our sole opinion, such material does not comply with the content standards set out in our Acceptable Use Policy.
    9. Viruses, hacking and other offences

      1. 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.
      2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We shall report any such breach to the relevant law enforcement authorities and we shall 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.
      3. We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material resulting from your use of our site or your downloading of any material posted on it or on any website linked to it.
    10. Linking to our site

      1. 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, but 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.
      2. You must not establish a link from any website that is not owned by you.
      3. 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 from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
      4. If you wish to make any use of material on our site other than that set out above, please address your request to info@speechandpronunciation.com.
    11. Links from 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

    12. Jurisdiction and applicable law

      The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site except that in addition we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

      These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or form or any variation to them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

    13. Variations

      We may revise these Terms of Use 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 made, as they are binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our site.

    14. Your concerns

      If you have any concerns about material which appears on our site, please contact info@speechandpronunciation.com.

  3. Terms and conditions of supply of goods and services

    1. This section C (together with the documents and sections/clauses referred to in it) tells you the terms and conditions (“Terms of Supply”) on which we supply to you any of the products (“Product/s”) or services (“Services”) detailed on our site and shall include in addition any specific terms and conditions (“Specific Terms”) set out on relevant pages of this site relating to the order of Products and/or Services and/or notified to you individually before we accept any order. Please read all these Terms of Supply and Specific Terms carefully before ordering any Products or Services from our site. You should understand that by ordering any of our Products or Services, you agree to be bound by these Terms of Supply and any Specific Terms applicable.

      You should also note that where you are transferred/linked to Amazon’s website for you to make the order for Products on Amazon’s website your contract will be with Amazon for Amazon to supply such Products and Amazon’s terms and conditions will apply and these Terms of Supply in relation to such Products will apply only to the extent that they are not in direct conflict with Amazon’s terms and conditions as applicable to Amazon’s supply of such Products. Please note in particular but without limitation clauses 2, 3, 5, 11 and 13 – 21 inclusive shall always apply in respect of the supply of Products by whomsoever and in any way whatsoever.

      You should print a copy of these Terms of Supply for future reference.

    2. Service availability

      If restrictions are placed on the extent to which we accept can orders from specific countries or if we find difficulties with supplying to individuals in specific countries we shall try to make a note of this on our site but in any event we may at our discretion refuse orders from individuals in or for those countries. We also reserve the right to refuse to make supplies of Products and/or Services as we at our entire discretion decide.

    3. Your status

      By placing any order through our site, you warrant that:

      1. you are legally capable of entering into binding contracts;
      2. you are at least 18 years old; and
      3. you are not resident in or accessing our site from any country which is specifically noted on our site under Clause 2 above.
    4. How the contract is formed between you and us

      1. If you place an order for Products that are provided directly by us rather than through Amazon or a bookshop or any other authorised distributor of our Products the following will apply:
        1. You will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted.
        2. Your order (whether or not payment is made) constitutes an offer by you to buy Products from us.
        3. All orders are subject to acceptance by us, and we shall confirm such acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).
        4. The contract between us (“Contract”) will only be made when we send you the Dispatch Confirmation.
        5. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation.
        6. We shall not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
      2. If you wish to place an order for Services the following will apply:
        1. We shall acknowledge by email any request for Services and as soon as reasonably possible send you a specification (“Specification”) with details of quantity and description and quotation for the Services you have requested (“Specified Services”). Please note that this does not mean that your request has been accepted as an order.
        2. The Specification will remain valid for seven days or such longer period as it may specify or we may agree.
        3. If we feel, for any reason whatever, that we cannot supply Services to match your request we shall notify you accordingly.
        4. You may make an order for the Specified Services. Please note that this does not mean that your order has been accepted.
        5. Your order (whether or not payment is made) constitutes an offer by you to buy the Specified Services from us.
        6. The Contract will only be formed when we send you an email of confirmation (“Service Confirmation”).
        7. The Specified Services will normally be supplied by video call using web-cams but may be by telephone or personal meeting between you and our representative/contractor.
      3. All these Terms of Supply shall apply to the supply of both Products and Services except where application to one or the other is specified and except where you order Products by download (Download Product/s), in which latter case the specific terms set out in Clause 4.4 (Download Terms) shall apply and where any of the Download Terms conflict with any other of these Terms of Supply the Download Terms shall prevail.
      4. Where you order any Download Product the following will apply to the supply of the relevant download:
        1. You are granted a sub-licence to download such of the Products as shall be specifically offered by us for download and which you request to be supplied by download.
        2. Such Download Product is sub-licensed only and not sold, notwithstanding the use of the terms “sell”, “purchase”, “order” or “buy” on our site or in these Terms.
        3. You do not obtain rights of ownership in any Download Product. The Download Product sub-licence is a non-exclusive, non-transferable, and non-sub-licensable licence to you for your personal use only (unless we have made some special arrangement in writing to give you a specific multiple use licence).
    5. Our status

      1. Please note that in some cases, we may accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
      2. We may also provide links on our site to the websites of other companies, whether affiliated to us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
    6. Consumer rights relating to Products and Services

      1. If you are contracting as a consumer, you may (subject to Clause 6.3) cancel a Contract to buy Products at any time within seven working days, beginning on the day after you receive the Product/s. In this case, you will receive a refund of the price paid for the Products in accordance with our refunds policy (set out in Clause 10 below).
      2. To cancel a Contract to buy Products, you must inform us in writing. You must also return the Product/s to us immediately, in the same condition in which you received it/ them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product/s while it/they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
      3. You may not cancel a Contract in respect of any Product comprising video, DVD or audio if the Product has been unsealed or in respect of a Download Product once downloading has commenced.
      4. Details of this right to cancel a Contract to buy any of the Products, and an explanation of how to exercise it, are provided in the Dispatch Confirmation (if applicable). This provision does not affect your statutory rights.
      5. This Clause 6 does not apply to Products ordered from third parties via a link on our site, in which latter case the terms and conditions of such third party shall apply.
      6. If you are contracting for the supply of Services you may cancel a Contract for such supply at any time within seven working days beginning on the day after you receive the Service Confirmation unless the provision of Services the subject of such Service Confirmation has already commenced.
    7. Availability and delivery of Products

      Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances and subject to the provisions of Clause 16.

    8. Risk and title to Products

      1. The Products will be at your risk from the time of delivery.
      2. Ownership of the Products will pass to you only when we receive full payment of all sums due in respect of such Products, including delivery charges.
    9. Price and payment for Products and Services

      1. Except in cases of obvious error the price of Products will be as quoted on our site from time to time and the price of Services will be as quoted in the relevant Service Specification (in the case of Services any price quoted on our site is for guidance only)
      2. All prices include VAT (if applicable) but exclude delivery costs for Products, which will be added to the total amount due as set out when you order any Products
      3. Prices are liable to change at any time, but
        1. Changes will not affect orders for Products in respect of which we have already sent you a Dispatch Confirmation
        2. Changes will not affect orders for Services in respect of which we have already sent a Service Confirmation and for which we have received payment.
        3. Any price quoted in any Specification will refer only to the Specified Services and we reserve the right to increase the price in respect of any further Services provided by us.
      4. If our site contains a large number of Products it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We shall normally verify prices as part of our dispatch procedures so that, where the correct price of any of the Products is less than our stated price, we shall charge the lower amount when dispatching the Product/s to you. If the correct price of any of the Products is higher than the price stated on our site, we shall normally, at our discretion, either contact you for instructions before dispatching the Product/s, or reject your order and notify you of such rejection.
      5. We are under no obligation to provide Products to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing.
      6. Subject to 9.7 below, payment for Products and Services must be in cleared funds in advance of dispatch/supply of Products/Services.
      7. Where we have agreed that you may make any payment/s after the supply of Services has commenced you must make the payments on the date/s specified by us. If you fail to pay the full amount due on such date/s you must pay interest on the amount/s unpaid at the rate of four per centum (4%) per annum above the base rate of HSBC plc from time to time from the date any sum becomes due until the date the sum owed is paid with interest and we shall be entitled to suspend the supply of the Services until such payment is made without any liability to you for non-performance or otherwise.
      8. Payment for all Products and all Services must be in £ sterling (GBP) by PayPal or as directed by us or the third party through whose site you purchase any of the Products.
      9. Unless you notify us of any discrepancies in transactions within twenty one (21) days after they are first reported to you, such transactions will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release us from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to us within twenty-one (21) days of its first appearance.
      10. We shall not be liable to you in any way in respect of Products or delivery of Products where you order from a third party through a link on our site or otherwise.
    10. Our refunds and replacement policy

      Please note that you may not cancel a Contract in respect of any of the Products comprising video, DVD or audio which has been unsealed or in respect of a Download Product once downloading has commenced. In other cases:

      1. When you cancel a Contract to buy any Product and return it to us:
        1. Because you have cancelled the Contract between us within the seven working day “cooling-off period” (see clause 6.1 above), we shall process the refund due to you as soon as reasonably possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we shall refund the price of the Product in full, including the cost of sending the Product to you. However, you will be responsible for the cost of returning the item to us.
        2. For any other reason (for instance, because have you notified us in accordance with Clause 20 that you do not agree to any change in these Terms of Supply or in any of our policies or because you claim that the Product is defective), we shall examine the returned Product and shall notify you if we accept that the Product was defective and of the appropriate refund (if any) via e-mail within a reasonable period of time. We shall usually process any refund due to you as soon as reasonably practicable and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. The amount paid by you for any Product returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the reasonable cost (as pre-agreed by us) incurred by you in returning the item to us.
        3. In the case of any Product which you have returned and which we agree to be defective you may request us to supply a replacement instead of a refund.
      2. In respect of Services
        1. If delivery of Specified Services has commenced then there shall be no refund if you cancel the relevant Contract.
        2. Subject to (a) above where a Contract for Specified Services requires the start of performance of the Contract within seven working days after the day on which the Contract is concluded you will not have the right to cancel the Contract but you may cancel such Contract within seven working days from the day the Contract was concluded provided that we may make a charge for any direct costs incurred as a result of your order for the Specified Services If you are entitled to cancel the Contract we will refund you the amount you originally paid for the supply of the Specified Services less any direct costs incurred by us within 30 days from the date we received notice of the cancellation.
        3. Subject to clauses 10.2(a) and (b) above where you cancel a Contract for Specified Services within seven working days beginning on the day you receive the Service Confirmation we shall refund you the full amount you originally paid.
        4. You confirm that we have met the requirements imposed on us under such of The Consumer Protection (Distance Selling) Regulations 2000 as apply.
        5. If we cancel any arranged session/s for supply of Specified Services we shall refund any referable payments made by you in full or credit such payments against future supply of Services as we in our sole discretion decide appropriate.
        6. If you cancel any arranged session/s for supply of Specified Services no refund/credit of the payment for the relevant session will be given unless such cancellation is made at least 48 hours before the time set for the relevant session. In any other case the full price shall be payable.

        No refund on cancellation of an unfulfilled Contract for Services shall be made if you are in breach of these Terms or if you have not returned in good condition all material (if any) supplied by us to you.

      3. If we are to make a refund, we shall usually refund any money received from you using the same method as originally used by you to pay for your purchase but we reserve the right to use any reasonable method we at our sole discretion decide.
    11. Liabilities, indemnities, duties, copyright and trade marks

      1. We warrant to you that any Products purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. (For the avoidance of doubt this warranty does not apply to products from third parties when you have ordered them through a link on our site or otherwise as result of your use of our site).
      2. We shall use reasonable endeavours to keep in strict confidence all information which concerns your business and/or your personal situation, which is of a sensitive or confidential nature, which is imparted by or through you to us in the course of supplying Services to you and which is not in the public domain and we shall ensure that our employees, agents, consultants, subcontractors and/or to any individuals (including, without limitation, tutors) who supply or may supply Services for us to you (in any of these cases “Operative/s”) will be subject to obligations of confidentiality corresponding to this obligation but we shall not be liable to you for any breach of these obligations by any Operative
      3. Our liability for losses you suffer as a result of our breaking this agreement including deliberate breaches is strictly limited to the purchase price of any Products or Services you purchased.
      4. This does not include or limit in any way our liability:
        1. for death or personal injury caused by our negligence;
        2. under section 2(3) of the Consumer Protection Act 1987;
        3. for fraud or fraudulent misrepresentation; or
        4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
      5. We are not responsible for indirect losses which happen as a side-effect of the main loss or damage even if such losses result from a deliberate breach of these Terms of Supply by us that would entitle you to terminate the contract between us, including but not limited to:
        1. loss of income or revenue
        2. loss of business
        3. loss of profits or contracts
        4. loss of anticipated savings
        5. loss of data or
        6. waste of management or office time

        in each case however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

      6. Where you buy any products or services from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
      7. You will indemnify us and keep us indemnified in respect of all claims arising directly or indirectly out of your use or possession of Products except to the extent to which any claim arises directly as a result of a breach of the Contract by us.
      8. You will indemnify us and keep us indemnified in respect of all loss, damage or extra cost incurred by us by virtue of any request, instruction, omission to instruct, cancellation or any other action on your part which is not in accordance with the Contract.
      9. No Products shall be lent, hired, rented, offered for hire or rental, copied (other than for your personal use only), played in public, made available under arrangements for sale and subsequent exchange or otherwise be made available to third parties, all such rights being reserved to the copyright owner/s in relation to the Products.
      10. You will in any sale or permitted disposal (including one where the only consideration is to comply with the provisions of this Clause) of any of the Products:
        1. make the provisions of Clause 11.9 a term and condition of such sale or disposal;
        2. allow us to use your name without charge for the conduct of any legal proceedings which we may wish to bring in respect of any breach or alleged breach of the terms and conditions of sale or disposal set out in Clause 11.9 above against subsequent acquirers of any of the Products, or any of them that we consider to be in breach thereof; and
        3. make it a further term and condition of such sale or disposal that an acquirer of any of the Products from you and all subsequent acquirers in any subsequent sale or disposal shall include terms and conditions therein in the form of Clause 11.9 above and of this Clause 11.10 so as to bind all subsequent acquirers of the Products or any of them.
      11. You may play your Download Product an unlimited number of times on the same registered personal computer (“Primary Computer“) or any other secondary or portable device owned by you. For your own personal use, you may “burn” your Download Product from the Primary Computer to make permanent copies in an uncompressed form. Such copies may not be distributed in any way to any other individual or entity without our express written permission.
      12. Except as otherwise provided you may not re-digitise any content of any Products (“Product Content“) or upload any Product Content to the internet. You may not create any “derivative works” by altering any of the Product Content. You may not use any of the Product Content in conjunction with any other third-party content (e.g., to provide sound for a film) or otherwise exploit any Product Content for commercial purposes (including the sale of bundled Download Products or other). You may not transfer or distribute any Product Content.
      13. Copyright exists in all Products issued or distributed by us. The Products are supplied by us for private use only. Any unauthorised broadcast, hire or rental or offer for hire or rental to the public, public performance, copying, editing or re-recording of Products would be an infringement of copyright and the infringer may be liable to action at law. NO USES OF PRODUCTS OTHER THAN PERSONAL USES ARE PERMITTED UNLESS SPECIFICALLY AGREED IN WRITING BY US. So far as we are aware, we are the proprietors and/or the authorised users of any registered trademarks under which the Products are marketed and/or distributed by us and any infringement of these trademarks may also result in legal proceedings.
      14. You will promptly give notice to us in writing of any infringement of which you become aware of the copyright in any of the Products or any trademarks under which any of the Products is marketed and/or distributed.
      15. Any materials supplied in the course of the provision of Services (“Service Material”) remain the copyright of us or the supplier as applicable. No Service Material may be reproduced redistributed or displayed without our express written agreement. You will indemnity us and keep us indemnified against all liability in respect of any infringement of copyright or any other similar right or claim resulting from a breach of this condition.
      16. No view or statement expressed by us or our Operatives either on our site or elsewhere, constitutes advice to you about the suitability of your use of the Services, but rather these views and statements are ‘opinions’.
      17. Products are supplied and Services are rendered purely and solely as assistance and do not constitute any form of professional advice and neither we nor any Operative gives any warranty that any result or objective can or will be achieved or attained at all and neither we nor any Operative shall be liable to you for any loss or losses and/or expenses you may incur during or following the provision of any Services, such as but not be limited to: travel costs, telephone costs, examination failure, loss consequent upon examination failure, expenditure on books or other materials to assist with the supply of the Services or otherwise.
      18. You must not re-publish, re-distribute or in any other way violate the copyright of any written material sold or supplied to you by us.
      19. Except as necessary for the purposes of receiving Services you must not have any communication with or obtain or retain any means for you to make direct contact with any of our Operatives (whether telephone number, email address or postal address or social network connection or other) and all arrangements and orders for Services must only be made directly with us.
      20. For a period of two years after our last provision of Services to you you must not employ or enter into any direct or indirect business relationship with any of our Operatives.
      21. Any writing service sold or provided to you by us or any Operative is sold/provided and intended solely for the purpose of inspiring your own work through giving an example of model research, writing, expression and structuring of ideas. Our Services are advisory and limited to clarifying and improving presentation of your writing and spoken delivery in English of your own material. You are entirely responsible for the use you make of our Services and the content of any such written or spoken presentation and will indemnify us against all and any liability in respect thereof.
      22. We shall not be in any way liable to you if your internet connection and/or your computer is/are inadequate and/or you need to make additional expenditure or pay fees or acquire additional software to receive Products by download, to watch Products satisfactorily or to receive the supply of Services by video call using web-cams.
      23. In the provision of Services we are committed to making all reasonable endeavours to ensure the confidentiality of all data provided by you but any applicable Terms shall be deemed to qualify assurances of confidentiality given in any material supplied to you or displayed on our website.
      24. Where you order and pay for Services to be provided by us to a third party (whether an employee or student of yours or otherwise and in any such case a “Student”) you will be liable to us for ensuring that such Student complies in all respects with these Terms of Supply and the other Terms as if such Student had ordered such Services and you will indemnify us in full for direct or indirect loss arising out of any breach of this clause.
    12. Import duty

      1. If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
      2. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined or in which you will receive Services. We shall not be liable for any breach of any such laws.
    13. Written communications

      Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We shall contact you by e-mail or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

    14. Notices

      All notices given by you to us must be given to English Speech and Pronunciation Limited at info@speechandpronunciation.com. We may give notice to you at the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an e-mail is sent, or three days after the date of posting of any letter in the United Kingdom to a United Kingdom address. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

    15. Transfer of rights and obligations

      1. The Contract between you and us is binding on you and us and on our respective successors and assigns
      2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent
      3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract
      4. You may not at any time within two years after your last contact with us directly approach any individual assigned by us to provide Services on our behalf or other representative of ours with a view to engaging his or her services at any time whatsoever or to discussing financial arrangements
    16. Events outside our control

      1. We shall not be liable or responsible for any failure to perform, or for delay in performing, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
      2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
        1. strikes, lock-outs or other industrial action;
        2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
        3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
        4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport or mail services;
        5. impossibility of the use of public or private telecommunications networks;
        6. the acts, decrees, legislation, regulations or restrictions of any government.
      3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we shall have an extension of time for performance for the duration of that period. We shall use our reasonable endeavours to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
    17. Waiver

      1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms of Supply or other Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
      2. A waiver by us of any default shall not constitute a waiver of any subsequent default
      3. No waiver by us of any of these Terms of Supply or other Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
    18. Severability

      If any of these Terms of Supply or other Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

    19. Entire agreement

      Subject to the provisions of Clause 20 below:

      1. These Terms of Supply or other Terms and Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
      2. You acknowledge that, in entering into a Contract (and the documents referred to in it) you do not rely on any statement, representation, assurance or warranty (“Representation“) of any person (whether a party to that Contract or not) other than as expressly set out in these Terms.
      3. You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
      4. Nothing in this clause shall limit or exclude any liability for fraud.
    20. Our right to vary these terms of supply and the terms

      1. We have the right to revise and amend these Terms of Supply and the other Terms as we see fit from time to time.
      2. You will be subject to the policies and Terms of Supply and the other Terms in force at the time that you order Products or Services from us except in either of the following cases:
        1. where any change to such policies, our Terms of Supply or the other Terms is required to be made by law or governmental authority (in which case such change will if so required apply also to orders previously placed by you); or
        2. where we notify you of any change/s to any of our policies and Terms of Supply and the other Terms not less than seventy-two hours before we send you (as the case may be) the Dispatch Confirmation for a purchase of Products or the Service Confirmation for an order of Services, in which case (unless you notify us to the contrary before we send the relevant Dispatch Confirmation or Services Confirmation) we have the right to assume that you have accepted such change/s
      3. You agree that the only rights and remedies available to you arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.
      4. Nothing in this clause shall limit or exclude any liability for fraud.
    21. Law and jurisdiction

      Contracts for the purchase of Products and Services through our site and any dispute or claim arising out of or in connection with them or their subject matter or their formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.