TheDigitalSpeaker.com website and service (the “Service”) is operated by Dr Mark van Rijmenam (Speaker), with Australian Business Number 30 658 814 335 (“Company”). By using the Service, you agree to be bound by these Terms of Use.
Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by Company at any time, effective when posted on the Service. Your continued use after such notice will constitute your acceptance of such changes.
Use of the Service
You may use this Service solely for personal and commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject.
Registration
You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such a password. When you register, we ask you to verify your email address. Without verification, you cannot use the additional features of the Service.
Your License to Company
The Service may provide you with an opportunity to share and upload, or submit to public forums and comments or other aspects of the Service, your photos, videos, text, questions, answers, code and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek the permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.
Acceptable Use Policy
Company expects all of its users to be respectful of other people. If you notice any violation of this Acceptable Use Policy or other unacceptable behaviour by any user, you should report such activity to Company at info[at]TheDigitalSpeaker.com.
You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service. In addition, you agree that any Content you publish on the Service is yours, that you own the copyright to that Content or that you have secured the rights to use that Content on the Service. It is solely your responsibility to ensure the copyright of your Content and the Service cannot be held liable and accountable when you fail to do so. Any fines as a result of breaching someone’s copyright are to be paid by you.
Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
- is defamatory, abusive, obscene, profane or offensive;
- infringes or violates another party's intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
- violates any party’s right of publicity or right of privacy;
- is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- promotes or encourages violence;
- is inaccurate, false or misleading in any way;
- is illegal or promotes any illegal activities;
- contains personal information of any party such as phone numbers, addresses, license plate numbers for which you have not received approval to publish etc;
- 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; or
- contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Company is under no obligation to screen or monitor Content but may review Content from time to time at its sole discretion to review compliance with this Terms of Use and blogger guidelines. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.
You understand that when using the Service, you will be exposed to Content from a variety of sources and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.
You may not use spiders, robots, data mining techniques or other automated devices or programs or manual tools to catalogue, download, copy or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.
Termination of Access
In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause in case of breaching the Terms of Use. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
Privacy
The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our privacy policy.
Links
This Service may contain links to other websites not maintained by us. These links may include listings that can provide you with further information, or links that have been included in materials uploaded to the Service by a party other than Company. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites or services. Despite any links that might exist on the Service, we do not endorse and are not affiliated with such third parties.
Consultancy and Keynote Terms
1. Responsibility for Services provided.
The Speaker is directly responsible for the presentation and content of the Services in line with the agreed outline discussed and agreed upon in advance of the Event with the Client.
2. Consideration.
a) Invoice Issuance: The Speaker will send an Invoice to the Client within three days of the Contract being signed.
b) Payment Terms: Invoice/Payment Terms: 50% of the Fee is due within 5 days after signing the contract and receiving the invoice. This initial payment is recognised as the down payment. The remaining 50% of the Fee is due 5 days before the event.
c) of Engagement: The engagement of the Speaker for the keynote address is contingent upon the receipt of the down payment, thereby confirming the Speaker's participation. Failure to make the down payment within the specified timeframe of five days will result in the reservation of the Speaker's services being unconfirmed and potentially available to other engagements without further notice to the Client.
d) Accommodation and Travel Expenses: All accommodation and travel expenses to be covered under this Agreement must be arranged and paid for by the Client immediately upon the signing of the contract. The Client is responsible for organising flights, hotels, and any other necessary travel accommodations in accordance with the Speaker’s specified requirements.
e) Transaction Fees: All reasonable transfer/transaction/bank fees related to the payment of Invoice(s) will be borne by the Client.
f) Confidentiality: The Client agrees to hold in confidence and not use or disclose any proprietary information relating to the Fee and/or specific deal points of this Agreement.
g) Recording Restrictions: The Client is not permitted to record the Keynote for internal training purposes or any other use unless explicitly agreed upon in writing by the Speaker.
3. Venue Requirements.
Client agrees to provide a well-heated, or cooled as the case may be, lighted and proper place for the Event, in good condition, together with all necessary stage accessories and properties, including microphones and amplification system in proper working condition and as described in AV Requirements. Client agrees to limit the audience to no more than the legal number permitted at the place of Event(s).
4. Cancellation of Agreement - Client/Client side
Client can cancel this Agreement by given written notification to Speaker of the cancellation at any time. In case of cancellation Client is obligated to pay the below-mentioned percentages of the Fee to the Speaker. The cancellation is not accepted until this payment is done. Payment shall become payable only at such times and only to the extent that Speaker actually receives unconditional payment from Client under the corresponding client contract:
a) More than 90 days prior to Event Date: 25% of Fee
b) Between 31 and 90 days prior to Event Date: 50% of Fee
c) Within 30 days prior to Event Date: 100% of Fee
5. Cancellation or Termination of Agreement - Speaker side
a) In the event Speaker fails to appear at no fault of the Client, Speaker and Client shall use good faith efforts to arrange for a mutually agreeable substitute speaker or a substitute date for the Event and delivery of the Services at no extra cost to the Client.
b) All terms that by their nature shall survive termination or expiration of this Agreement, will survive any termination or expiration of this Agreement.
6. Speaker’s Control over Manner of Performance.
Speaker and Client shall work together to agree the means and methods employed in fulfilling Speaker’s obligations hereunder, in all respects and in all details. This Agreement shall not, in any way, be construed so as to create a partnership or any other kind of joint undertaking or venture between the parties hereto.
7. Confidentiality of Information
a) Speaker acknowledges that all materials whatsoever communicated in writing, orally or electronically to or otherwise obtained by Speaker from Client in connection with this Agreement and any Speaking Engagement hereunder as well as all materials whatsoever created or produced by Speaker therefrom (“Client Information”) is valuable, proprietary and privileged property of Client. Speaker agrees that no such information shall be disclosed by Speaker to any third person without the consent in advance of Client. Further, Client shall continue to maintain all ownership and similar rights to all Client Information.
b) It is understood and agreed that money damages would not be a sufficient remedy for any breach of these confidentiality provisions and that Client shall be entitled to specific performance and injunctive or other equitable relief (mandatory or prohibitory) as remedies for any such breach. Speaker will not oppose the granting of such relief and hereby agrees to waive any requirements for the security or posting of any bond in connection with any such remedy. Such remedies shall not be deemed to be the exclusive remedies for breach of these confidentiality provisions but shall be in addition to all other remedies available at law or in equity.
Payments
Organizations (Clients) and Customers are entitled to buy products on the Service. The following services can be purchased on the Service:
- Masterclasses, whether on-demand or live;
- Premium membership to access premium content.
- Keynotes and workshops
Payment
- Client will pay Company in accordance with the required product via a valid credit card: MasterCard, Visa or American Express.
- Company uses Stripe to process credit card payments. No credit card details are stored with Company.
- Notwithstanding anything to the contrary in these Terms of Use, all subscriptions will be automatically renewed using the credit card on file. Client is responsible for updating credit card information when necessary. Declined credit cards will result in the immediate cancellation of the subscription. As a result, the Client could lose leads and profile details. Company is not responsible for when this occurs.
- Company reserves the right to alter all product and service pricing without notice.
- Company reserves the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.
- When you place an order, you will automatically receive a confirmation email from Company to confirm your order.
- All Company’s Subscriptions are non-refundable. Clients are not entitled to any refunds or prorations for cancellation, partial-month usage, or non-usage of the Service.
- All subscriptions automatically renew at the end of each term. You will be charged in advance of your payment period until your membership is cancelled. Such automatic renewal applies to both annual and month-to-month subscriptions. Client must cancel the Service before the monthly or annual renewal date in order to avoid automatic billing of subscription fees for the renewal term.
- Your membership period begins on the date on which you register for the Service and finishes on the day before that calendar date the following period.
- Company cannot be held liable or accountable for the quality and content of the leads supplied by visitors, the information on the profile or in the posts published.
- Client is required to pay the final amount within the agreed upon timeframe as stated under section fee. In case of late payment, Client is liable to pay default interest of 11,07% per annum calculated from the due date.
Should an unpaid invoice, that is past its due date, be placed with a debt recovery agent, all costs incurred by the Speaker in demanding, collecting or enforcing judgments for money due (including, without limitation, legal costs on a full indemnity basis, collection expenses and commissions of debt collection agents) must be paid in full by the Client.
Intellectual Property
You are responsible for the Content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
You acknowledge and agree that all Content you provide on the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Service, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
(i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You acknowledge and agree that you are permitted to review, edit and submit the Content provided on the Service.
We do not claim ownership of any Content that you post on the Service. Instead, you hereby grant to Company a non-exclusive, fully-paid, royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Service, subject to our Privacy Policy.
Termination of Subscription Plan
Without prejudice to any remedy that Company may have against you, Company may terminate or suspend with immediate effect and without notice your access to and use of this Service and your membership if:
- It does not receive timely payment under your subscription;
- It reasonably believes that you have breached any of these Terms of Use;
- It is unable to verify the accuracy or validity of any information provided by you;
- Or it suspects fraudulent, abusive or illegal activity by you.
Should you object to any of these Terms of Use, or any subsequent changes to them, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue to access or use the Service.
You may cancel your membership at any time. Cancellation will take effect from the next payment period and you will not be entitled to a refund for any membership fee already paid.
Company also reserves the right to cancel your subscription for any reason, provided that we give you written notice of such cancellation and, in the event of cancellation, pay you a pro-rata refund for the outstanding portion of your subscription.
Our Proprietary Rights
Company or its licensors are the exclusive owners of all software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by Company.
No Warranties
THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty euros (€50).
Indemnity
You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law
This Agreement shall be governed in accordance with the laws of Australia, without giving effect to any conflicts of law principles. You agree to the exclusive jurisdiction of the Court of NSW, Australia for resolution of any disputes arising out of or concerning this Agreement.
Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Digital Millennium Copyright Act ("DMCA") Notice
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Email: info[at]TheDigitalSpeaker.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Severability
If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other terms of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Contact Information
Should you have any questions, you may contact us at info[at]TheDigitalSpeaker.com.
Effective Date
These Terms of Use were last updated on 08 May 2024.