Last updated on 30 June 2021
These Terms of Service govern your website use at https://www.SpeakSave.com/ and any related services SpeakSave provides.
By accessing https://www.SpeakSave.com/, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or any other services SpeakSave provides.
We, SpeakSave, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately after publication.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- remove any copyright or other proprietary notations from any materials and software on this website;
- transfer the materials to another person or “mirror” the materials on any other server;
- knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service SpeakSave provides;
- use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- use this website or its associated services in violation of any applicable laws or regulations;
- use this website in conjunction with sending unauthorised advertising or spam;
- harvest, collect, or gather user data without the user’s consent; or
- use this website or its associated services in a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials contained in this website is owned by or licensed to SpeakSave, and protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
It constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by SpeakSave at any time.
User-Generated Content
You retain your intellectual property ownership rights on the content you submit to us for publication on our website. We will never claim ownership of your content, but we require a license from you to use it.
When you use our website or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.
The license you grant us can be terminated anytime by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until we have discontinued the relevant commercial or post.
You permit us to use your username and other identifying information associated with your account in a manner consistent with your privacy preferences and our Privacy Policy.
Liability
Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, SpeakSave makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall SpeakSave or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if SpeakSave or an authorised representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, actual or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website need to be more comprehensive and are for general information purposes only. SpeakSave does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any resources linked to this website.
Links
SpeakSave has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by SpeakSave of the site. Use of any such linked site is at your own risk, and we strongly advise you to investigate the suitability of those sites.
Right to Terminate
We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Cookie Policy
We use cookies to help improve your experience of our website at https://www.SpeakSave.com. This cookie policy is part of SpeakSave’s privacy policy. It covers the use of cookies between your device and our site.
We also provide basic information on third-party services we may use, who may also use cookies as part of their service. This policy does not cover their cookies.
If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from https://www.SpeakSave.com. In such a case, we may be unable to provide you with some of your desired content and services.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit. It typically contains information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the cookie’s purpose, and the cookie’s lifespan.
Cookies are used to enable certain features (e.g. logging in), track site usage (e.g. analytics), store your user settings (e.g. time zone, notification preferences), and personalise your content (e.g. advertising, language).
Cookies set by the website you visit are usually called first-party cookies. They typically only track your activity on that particular site.
Cookies set by other sites and companies (i.e. third parties) are called third-party cookies. They can be used to track you on other websites that use the same third-party service.
Types of Cookies and how we use them
Essential cookies
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts, and payment processing.
We use essential cookies to enable certain functions on our website.
Performance cookies
Performance cookies track how you use a website during your visit. Typically, this information is anonymous and aggregated, with information tracked across all site users. They help companies understand visitor usage patterns, identify problems or errors, and make better strategic decisions. These cookies may be set by the website you’re visiting. They do not collect personal information about you.
We use performance cookies on our site.
Functionality cookies
Functionality cookies are used to collect information about your device and any settings you may configure on the website you’re visiting (like language and time zone settings). This information lets websites provide customised, enhanced, or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party services.
We use functionality cookies for selected features on our site.
Targeting/advertising cookies
Targeting/advertising cookies help determine what promotional content is most relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or limit the number of times you see advertisements. These cookies may be set by the website you’re visiting or by third-party services. Targeting/advertising cookies may be used to track you on other websites that use the same third-party service.
We use targeting/advertising cookies on our site.
Acceptable Use Policy
This acceptable use policy covers the products, services, and technologies (collectively called the “Products”) provided by SpeakSave. under any ongoing agreement. It’s designed to protect us, our customers, and the general Internet community from unethical, irresponsible, and illegal activity.
SpeakSave customers found engaging in activities prohibited by this acceptable use policy can be liable for service suspension and account termination. In extreme cases, we may be legally obliged to report such customers to the relevant authorities.
Fair use
We provide our facilities with the assumption your use will be “business as usual”, as per our offer schedule. If your use is excessive, additional fees may be charged, or capacity may be restricted.
We oppose all forms of abuse, discrimination, rights infringement, and any action that harms or disadvantages any group, individual, or resource. We expect our customers and, where applicable, their users (“end-users”) likewise to engage our Products with similar intent.
Customer accountability
We regard our customers as being responsible for their actions as well as for the actions of anyone using our Products without the customer’s permission. This responsibility also applies to anyone using our Products on an unauthorised basis due to the customer’s failure to put reasonable security measures in place.
By accepting Products from us, our customers agree to ensure adherence to this policy on behalf of anyone using the Products as their end users. Complaints regarding customers’ or end-users actions will be forwarded to the nominated contact for the account in question.
Suppose a customer — or their end-user or anyone using our Products as a result of the customer — violates our acceptable use policy. In that case, we reserve the right to terminate any Products associated with the offending account or the account itself or take any remedial or preventative action we deem appropriate without notice. To the extent permitted by law, no credit will be available for interruptions of service resulting from violating our acceptable use policy.
Prohibited activity
Copyright infringement and access to unauthorised material
Our Products must not be used to transmit, distribute or store any material violating any applicable law. This includes but isn’t limited to:
- Any material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorisation, and
- any material that is obscene or defamatory constitutes an illegal threat or violates export control laws.
The customer is solely responsible for all material they input, upload, disseminate, transmit, create or publish through or on our Products and for obtaining legal permission to use any works included in such material.
SPAM and unauthorised message activity
Our Products must not be used to send unsolicited bulk or commercial messages violating the laws and regulations applicable to your jurisdiction (“spam”). It includes but isn’t limited to sending spam, soliciting customers from spam sent from other service providers, and collecting replies to spam sent from other service providers.
Our Products must not be used to run unconfirmed mailing lists or telephone number lists (“messaging lists”). This includes but isn’t limited to subscribing email addresses or telephone numbers to any messaging list without the permission of the email address or telephone number owner and storing any email addresses or telephone numbers subscribed in this way. All messaging lists run on or hosted by our Products must be “confirmed opt-in”. Verification of the address or telephone number owner’s express permission must be available for the lifespan of the messaging list.
We prohibit using email lists, telephone number lists, or databases purchased from third parties intended for spam or unconfirmed messaging list purposes on our Products.
This spam and unauthorised message activity policy apply to messages sent using our Products or to messages sent from any network by the customer or any person on the customer’s behalf that directly or indirectly refers the recipient to a site hosted via our Products.
Unethical, exploitative, and malicious activity
Our Products must not be used for advertising, transmitting, or otherwise making available any software, program, product, or service designed to violate this acceptable use policy or the acceptable use policy of other service providers. It includes but isn’t limited to facilitating the means to send spam and the initiation of network sniffing, pinging, packet spoofing, flooding, mail-bombing, and denial-of-service attacks.
Our Products must not be used to access any account or electronic resource where the group or individual attempting to gain access does not own or is not authorised to access the resource (e.g. “hacking”, “cracking”, “phreaking”, etc.).
Our Products must not be used to intentionally or recklessly introduce viruses or malicious code into our Products and systems.
Our Products must not be used for purposely engaging in activities designed to harass another group or individual. Our definition of harassment includes but is not limited to denial-of-service attacks, hate speech, advocacy of racial or ethnic intolerance, and any activity intended to threaten, abuse, infringe upon the rights of, or discriminate against any group or individual.
Other activities considered unethical, exploitative, and malicious include:
- Obtaining (or attempting to obtain) services from us with the intent to avoid payment;
- Using our facilities to obtain (or attempt to obtain) services from another provider with the intent to avoid payment;
- The unauthorised access, alteration, or destruction (or any attempt thereof) of any information about our customers or end-users by any means or device;
- Using our facilities to interfere with the use of our facilities and network by other customers or authorised individuals;
- Publishing or transmitting any content or links that incite violence, depict a violent act, depict child pornography, or threaten anyone’s health and safety;
- Any act or omission in violation of consumer protection laws and regulations;
- Any violation of a person’s privacy.
Our Products may not be used by any person or entity which is involved with or suspected of involvement in activities or causes relating to illegal gambling; terrorism; narcotics trafficking; arms trafficking, or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who support the above such activities or causes.
Unauthorised use of SpeakSave property
We prohibit the impersonation of SpeakSave, the representation of a significant business relationship with SpeakSave, or ownership of any SpeakSave property (including our Products and brand) to fraudulently gain service, custom, patronage, or user trust.
About this policy
This policy outlines a non-exclusive list of activities and intent we deem unacceptable and incompatible with our brand.
We reserve the right to modify this policy at any time by publishing the revised version on our website. The revised version will be effective from the earlier:
- the date the customer uses our Products after we publish the revised version on our website; or
- 30 days after we publish the revised version on our website.