1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Brisk Echo PTY LTD (ABN: 85 940 948 724) ("Company," "we," "us," or "our"). By accessing or using our website (brisk-echo.com), mobile applications, or any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use our services. Your use of our services constitutes your acceptance of these Terms as they may be modified from time to time.
These Terms apply to all visitors, users, customers, and others who access or use our services, whether as a guest or registered user.
2. Description of Services
2.1 Our Services
Brisk Echo provides public speaking coaching and training services, including but not limited to:
- Individual public speaking coaching sessions
- Group workshops and training programs
- Corporate training and team development programs
- Presentation skills training and advanced techniques
- Online and in-person training delivery
- Educational resources, materials, and digital content
- Assessment tools and progress tracking
2.2 Service Delivery
Services may be delivered through various channels:
- Face-to-face sessions at designated venues
- Virtual sessions via video conferencing platforms
- Hybrid programs combining online and offline elements
- Self-paced online learning modules
- Group workshops and seminars
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with reasonable notice to affected users. We may also add new features or impose limits on certain features or services.
3. Eligibility
To use our services, you must:
- Be at least 18 years of age, or the age of majority in your jurisdiction
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete information during registration
- Comply with all applicable laws and regulations
- Not be prohibited from using our services under Australian law or the laws of your jurisdiction
For users under 18, parent or guardian consent and supervision are required for participation in our programs.
4. Account Registration and Security
4.1 Account Creation
Some services may require you to create an account. When creating an account, you must:
- Provide accurate, current, and complete information
- Choose a secure password and protect your login credentials
- Update your information promptly when it changes
- Use only one account per person unless specifically authorized
4.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Notifying us immediately of any unauthorized access
- Ensuring your account information remains accurate and up-to-date
4.3 Account Suspension
We reserve the right to suspend or terminate accounts that violate these Terms or engage in suspicious, fraudulent, or abusive behavior.
5. Booking and Payment Terms
5.1 Service Booking
When booking our services:
- All bookings are subject to availability and confirmation
- Prices are displayed in Australian Dollars (AUD) unless otherwise specified
- Bookings are confirmed upon receipt of full payment or approved payment arrangement
- We reserve the right to refuse service to any individual or organization
5.2 Payment Terms
Payment requirements:
- Full payment is required at the time of booking unless alternative arrangements are made
- We accept major credit cards, bank transfers, and approved corporate payment methods
- Corporate clients may be offered net payment terms subject to credit approval
- All prices include GST where applicable
- Payment plans may be available for certain programs
5.3 Pricing Changes
We reserve the right to modify our pricing at any time. Price changes will not affect confirmed bookings but will apply to new bookings made after the change takes effect.
6. Cancellation and Refund Policy
6.1 Cancellation by Customer
Customer cancellation terms:
- More than 14 days before service: Full refund minus 10% administrative fee
- 7-14 days before service: 50% refund
- Less than 7 days before service: No refund, but credit may be issued for future use
- No-show: No refund or credit
6.2 Rescheduling
Rescheduling requests:
- Must be made at least 48 hours before the scheduled service
- Subject to availability and may incur additional fees
- Limited to one rescheduling per booking
- Corporate programs have different rescheduling terms
6.3 Cancellation by Company
If we cancel or reschedule a service:
- We will provide reasonable notice when possible
- Full refund or rescheduling option will be offered
- We are not liable for consequential damages or expenses
- Force majeure events may result in cancellation without penalty
6.4 Refund Processing
Approved refunds will be processed within 7-10 business days using the original payment method.
7. User Conduct and Responsibilities
7.1 Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:
- Violate any applicable laws, regulations, or third-party rights
- Engage in harmful, threatening, abusive, or discriminatory behavior
- Disrupt or interfere with our services or other users' experience
- Attempt to gain unauthorized access to our systems or data
- Share inappropriate, offensive, or illegal content
- Impersonate any person or entity
- Engage in commercial activities without our permission
7.2 Participation Requirements
During training sessions and programs:
- Arrive punctually and prepared for sessions
- Participate respectfully and constructively
- Follow safety guidelines and venue rules
- Respect the confidentiality of other participants
- Complete assigned exercises and assessments
7.3 Technology Requirements
For virtual sessions, you are responsible for:
- Maintaining stable internet connectivity
- Using appropriate devices and software
- Ensuring proper audio and video setup
- Creating a professional environment for participation
8. Intellectual Property Rights
8.1 Our Intellectual Property
All content, materials, trademarks, and intellectual property related to our services are owned by or licensed to Brisk Echo, including:
- Training materials, curricula, and methodologies
- Website content, software, and digital resources
- Brisk Echo name, logo, and branding
- Proprietary training techniques and frameworks
- Audio, video, and written content
8.2 Limited License
We grant you a limited, non-exclusive, non-transferable license to:
- Access and use our services for their intended purpose
- Use training materials provided during programs for personal learning
- Retain certificates and credentials earned through our programs
8.3 Usage Restrictions
You may not:
- Reproduce, distribute, or commercially exploit our materials
- Create derivative works based on our content
- Remove or alter copyright, trademark, or proprietary notices
- Use our materials to compete with our services
- Reverse engineer or attempt to extract source code
8.4 User-Generated Content
By providing feedback, suggestions, or creating content during our programs, you grant us a worldwide, royalty-free license to use such content for educational and promotional purposes.
9. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using our services, you consent to:
- The collection and use of your information as described in our Privacy Policy
- Recording of training sessions for quality assurance and improvement
- Use of your progress data for personalized service delivery
- Communication from us regarding our services and programs
We implement appropriate security measures to protect your personal information and comply with applicable privacy laws.
10. Disclaimers and Warranties
10.1 Service Disclaimers
Our services are provided "as is" and "as available." We make no warranties, expressed or implied, including:
- Warranties of merchantability or fitness for a particular purpose
- Guarantees of specific results or outcomes from training
- Warranties regarding uninterrupted or error-free service
- Guarantees of career advancement or business success
10.2 Educational Nature
Our services are educational in nature. While we strive to provide high-quality training:
- Individual results may vary based on effort, practice, and circumstances
- We cannot guarantee specific improvements in speaking ability
- Success depends on individual commitment and application of techniques
- External factors may influence training effectiveness
10.3 Third-Party Services
We may use third-party services or platforms. We are not responsible for the availability, functionality, or privacy practices of third-party services.
11. Limitation of Liability
11.1 Liability Limits
To the maximum extent permitted by law, Brisk Echo's total liability for any claims arising from these Terms or our services shall not exceed the amount you paid for the specific service giving rise to the claim.
11.2 Excluded Damages
We shall not be liable for:
- Indirect, incidental, or consequential damages
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Personal injury except where caused by our negligence
- Damages arising from force majeure events
11.3 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable consumer protection laws that cannot be lawfully excluded.
12. Indemnification
You agree to indemnify and hold harmless Brisk Echo, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Your negligent or wrongful conduct
- Any content you provide or create
This indemnification obligation will survive the termination of these Terms.
13. Termination
13.1 Termination by User
You may terminate your relationship with us at any time by:
- Ceasing to use our services
- Closing your account (where applicable)
- Following our account deletion procedures
13.2 Termination by Company
We may terminate or suspend your access immediately, without notice, if you:
- Breach these Terms
- Engage in fraudulent or illegal activity
- Violate our acceptable use policies
- Fail to pay for services
13.3 Effect of Termination
Upon termination:
- Your right to access our services will cease
- Outstanding payments become due immediately
- Certain provisions of these Terms will survive
- We may retain some information as required by law
14. Dispute Resolution
14.1 Informal Resolution
We encourage resolving disputes through direct communication. Please contact us at [email protected] to discuss any concerns before pursuing formal action.
14.2 Mediation
If informal resolution fails, disputes may be resolved through mediation administered by a recognized mediation service in Australia.
14.3 Arbitration
For disputes that cannot be resolved through mediation, binding arbitration may be required under the rules of a recognized arbitration body in Australia.
14.4 Class Action Waiver
You agree not to participate in class action lawsuits or class arbitrations related to our services.
15. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia, without regard to conflict of law principles. Any legal proceedings relating to these Terms shall be brought exclusively in the courts of Victoria, Australia.
If you are accessing our services from outside Australia, you acknowledge that these Terms are governed by Australian law, and you consent to the jurisdiction of Australian courts.
16. Changes to Terms
16.1 Modification Rights
We reserve the right to modify these Terms at any time. When we make material changes, we will:
- Post the updated Terms on our website
- Update the "Last updated" date
- Notify registered users via email
- Provide reasonable advance notice for significant changes
16.2 Acceptance of Changes
Your continued use of our services after changes take effect constitutes acceptance of the modified Terms. If you disagree with changes, you must discontinue using our services.
16.3 Version Control
We maintain records of previous versions of these Terms. You may request access to earlier versions by contacting us.