Terms of Service
The following terms and conditions are for the use of www.oratoric.al and oratoric.al by the company Speakers Associates Ltd, 15 Kinghorn Park, Maidenhead, Berkshire, SL6 7TX, United Kingdom, hereafter referred to as “SA”, and form the basis of use of the platform and the services offered on it insofar as they require registration.
These terms are for your (hereafter referred to as “you” or “user”) protection and provide an important foundation for secure and safe use of our service. The use of our service is possible solely on the basis of the following terms and conditions.
Scope of Validity and Contractual Agreement
- These terms and conditions shall apply to all internet services requiring registration by SA which are accessible via the URLs www.oratoric.al and oratoric.al hereafter referred as the “Oratorical Platform”. If you register with the Oratorical Platform as a member, you consent to these terms and conditions.
- After giving your consent and completing registration, a legally binding contract comes into effect between you and SA, based on these terms and conditions. SA delivers its service exclusively based on these terms and conditions.
- These terms and conditions may also apply when you use services offered from other websites owned and/or operated by SA that provide access to these services in full or in part.
- In addition to these terms and conditions, there may be, depending on the type of use or status of the user, further contractual agreements. In case there are further agreements for the use of a SA service, it will be clearly indicated where such agreements apply.
- In the event of contradictions between the regulations of these terms and conditions and the regulations in additional agreements, the latter shall have priority.
- In addition to the access to the content on the Oratorical Platform, there are several functions available to the user, e.g. comments of users, revision notes, tags and similar (hereafter referred to as “user content”).
Registration on the Oratorical Platform
- Many of the services available via the Oratorical Platform can only be accessed once you register. Registration results from opening a user account, which requires your consent to these terms and conditions.
- Underage users need to send a written consent form signed by their parent or legal guardian to SA prior to their registration.
- For the use and execution of the offered services, SA has permission to obtain, store, process and use your personal data. Handling of your data is always carried out according to statutory regulations. More information about data protection in connection with the services offered by SA can be found in our Data Privacy Statement on our website at www.speakersassociates.com.
- During your registration, you are obliged to provide accurate and complete details and to keep these details up-to-date. After your registration, you will receive a confirmation email to the email address you provided during registration.
- Through clicking on the link specified in the email you confirm the accuracy of the details given by you and complete the registration. SA will send you notifications specified in the terms and conditions (e.g. changes to the terms and conditions, cancellation of access etc.) to the email address provided by you.
- You must keep your access details secret all the time. You are solely responsible for any activities that are undertaken via your user account.
- SA reserves the right to decline registration requests. In this case, SA will inform you via email about the reason why your registration was declined; although we are not obliged to do so.
Services Offered by SA, Utilisation of Content
- Through the Oratorical Platform, SA provides educational content covering various topic categories in the form of videos, screencasts, podcasts and documents or in other forms (“educational content”).
- The services and educational content offered by SA are provided partly free of charge and partly requiring payment. Offers requiring payment are always clearly indicated.
- The content offered on the Oratorical Platform, regardless whether it is useful content or educational content, is only to be used by registered users for their own purpose according to the contractual agreements, meaning online on the Oratorical Platform or by other medium provided by SA.
- A download by the user outside of the ways provided by SA is illegal, no matter for what purpose. If the content is available for download, the download is only allowed consistent with the communicated terms and conditions (e.g. payment) and is not allowed to be copied, used beyond the scope of the terms or assigned to third parties. The right to download does not imply a transfer or concession of intellectual property rights; all rights not expressly granted to the user remain reserved by SA and the content author. Content available for download is always marked as such.
- To use the services offered by SA you must fulfil certain technical requirements that are not part of the services offered by SA (in particular you need to have a computer with internet access and software that is required for the use of our services (e.g. internet browser, Flash plugins, etc.)).
Utilisation of Educational Content Requiring Payment
- With regards to payments on the Oratorical Platform, we offer payment via credit or debit card to all customers.
- If you pay with a credit card, the debit of your account will be applied after completion of your order.
- If you make a payment on the Oratorical Platform, a contract for service is formed. We offer two types of services that require payments:
- Subscription for paid content;
- One-off payment.
- By claiming the type (1.) services (subscription), you purchase the access to the content against a subscription fee which has to be paid in the agreed-upon cycle (e.g. monthly, semi-annually, annually), as long as you have not cancelled the subscription within the period agreed upon. By claiming the type (2.) services (one-off payment), you purchase the right to use the content within the agreed-upon period. The prices and time periods applicable are those indicated at the time of the transaction.
- The representation of products on the Oratorical Platform shall not constitute a legally binding offer, but rather a non-binding online catalogue. By clicking on the “Submit Order” button, you are placing a binding order for the items contained in the subscription package. The confirmation of receipt of the order and acceptance of the order follows immediately after the placement through an automated email. For new customers without an existing Oratorical Platform account: with the confirmation of your email address by clicking on the confirmation link in the confirmation email, the registration is completed and the contract is concluded.
- SA can remove content from the platform at any time. Offers for using the content are subject to change and non-binding. There is no claim for the continuous and permanent availability of all SA content provided at a certain moment in time and therefore no claim for all content available at the beginning of a subscription is available for the entire period. Should there be several user options on offer (e.g. basic, premium or other options), the differences at the conclusion of the contract are clearly marked and constitute a part of the contract with you. Any user rights include only you (unless explicitly agreed otherwise with SA in writing, e.g. multi-user licenses). A transfer of the access details to third parties or the joint use with third parties, who have not purchased access, is not permitted.
- By using content requiring payment, you form a contract with SA. All payment procedures are processed by SA or a third party with which SA is working for the purpose of handling the payment transactions (at the moment, Stripe Inc.).
- SA has the right to charge user fees for additional services at a future time or charge for services previously available free of charge. You still have the right to decide whether you want to use services that require payment after such changes or not.
- During a transaction, we store the wording of a contract and send you the order details and terms and conditions via email. The terms and conditions can also be accessed anytime on this page. Your order details are no longer accessible via the internet for security reasons.
- You are obliged to keep your access details (username, password) secret and not to enable access to your account through third parties. Your user account cannot be transferred to third parties. Specifically, it is expressly forbidden to give third parties access to your user account and the services of SA to avoid potential fee payments. You are obliged to inform SA immediately if there is any indication for the abuse of your user account or when you receive the information that a third party has gained access to your account details without authority.
- You are obliged, when using the Oratorical Platform, to abide by the law and statutory provisions. Especially you are not allowed to publish or make accessible any content, material or information on the Oratorical Platform that breaches legal regulations and/or these terms and conditions. Particularly the duplication, publishing and distribution (including via radio, TV or the internet) of SA content (videos, downloads, other provided material), no matter in what form, is expressly forbidden. No copyright of any kind is transferred to you.
- You are not allowed, no matter in what way, to misuse the services. Misuse is present for example in the following cases:
- Use that goes beyond the personal purposes specified in the contract, especially use that requires the granting, transfer or exercise of copyrights;
- Publication or distribution of pornographic, obscene, sexist, defamatory, slanderous, insulting, threatening, seditious, or racist content, information, software or other material;
- Any kind of advertising for products or services, including the use of data for dissemination of advertising, so long as SA has not explicitly given its written consent in advance;
- Commercial use of the services offered by SA, without SA having given consent for commercial use in advance (e.g. indication of value-adding service numbers or hyperlinks for internet offers requiring payment);
- Engaging in any activity that affects or could affect the functionality of services offered by SA (for example through the use of “robot”, “spider” or “offline reader” software to create automatic user requests via the internet; email bombing; denial of service attacks; incorporation of harmful components like viruses, worms, Trojan horses etc.);
- Modification or distribution of elements of the offering, including elements by other users, that have not explicitly been made available to the user;
- Use of the user feedback system that goes against the purpose of the feedback system. This especially implies the release of untrue or unjustified ratings, which e.g. are in no relation to the use and quality of the offered content or the service as such;
- Publication of contributions and information with deceptive and/or untruthful content.
Rights to User Content
- If you publish comments, revision notes, tags or similar material on the Oratorical Platform (“user content”), the rights remain with you to the degree possible. You only grant us rights to the extent needed in order to publish this user content according to intended purpose as part of our services and to make it available publicly.
- You can remove user content published by yourself at any time. You can also send an email to firstname.lastname@example.org with the request to remove certain user content. We attempt to execute such requests within 14 days of receipt.
- With the removal, any usage rights of the content granted to us according to the above are voided.
Responsibility for User Content
- For the responsibility of user content, these terms and conditions apply.
Liability of SA
- SA only assumes liability according to the following liability rules.
- Towards companies, SA is only liable for claims if SA’s legal agents, executive employees or any other executive assistants (auxiliary persons) have acted with intention or gross negligence, except for the case of breach of fundamental contractual obligations. In the case of breach of material contractual obligations, SA is liable for the negligence of its legal agents, executive employees or any other persons employed in performing an obligation.
- Towards consumers, SA is only liable for damages in the case of intention and gross negligence. In the case of breach of material contractual obligations, SA is liable for each culpable conduct.
- In the case of damages to assets or wealth caused by slight negligence, SA provides indemnity in case of a material breach of contract conditions. In such a case the liability for damage is limited to the amount foreseeable and typical for this type of contract at the time of the conclusion of the contract.
- Material contract obligations as aforementioned are duties which are fundamental for the due fulfilment and the observation of which the contractual partners can have justified trust in.
- The aforementioned liability exclusions and limitations of liability towards business clients or consumers do not come into force in the case of explicit warranties declared by SA; in the case of willful misrepresentation and damage to life, body or health as well as obligatory legal regulations.
- Liability for data loss on your end will only be assumed under previously mentioned provisions.
- SA shall not – except for the previous rules – be liable for the correctness, quality, completeness, reliability, nature or kind of information and content on its website or third-party websites that are linked to from or mentioned on the Oratorical Platform. Content that is not specifically marked as created by SA itself belongs to the users. They do not reflect SA’s opinion and are not reviewed and controlled by SA. Liability claims against SA which arise from physical or immaterial damage caused by the use or non-use of the offered information or through the use of erroneous and incomplete information exist only under the above provisions.
- Any further liability is excluded.
- The above liability exclusions apply both to contractual as well as to non-contractual claims. They also apply to employees of SA.
Terms of the Usage Agreement, Removal of Content and Use Exclusions
- The Usage Agreement is made for an indefinite period. Routine notice of termination may be given by either party within a period of three months towards the end of the month without giving reasons for cancellation, yet at the earliest with the expiration of a free or paid course or with the use of any other of SA services. In all events, a notice terminating the Usage Agreement must be given via email to email@example.com or in written form to SA.
- If you use a paid service offered by SA (e.g. in the context of a subscription), the contract duration and period of notice for the utilisation of the services result from the price and service list valid at the moment of the conclusion of the contract.
- The service offering is at the discretion of SA; all offers are non-binding and subject to change. SA reserves the rights to change, add or delete – without giving a reason – the content partly or completely or to stop the services temporarily or completely. In particular, SA reserves the rights to limit the data storage made available for single services and/or the data transfer volume, as long as this doesn’t discriminate you contrary to the principle of good faith and trust. In case of dismissal of services already paid for that SA has not fulfilled at the time of the dismissal, the services are refunded.
- SA also reserves the right to block your access without giving reasons if you haven’t used our services for a longer period of time and if the access is free of charge for you. In such a case, you can request new access or register again.
- You have the right to delete your user account at any time without having to give reasons. To do so you must send an email to firstname.lastname@example.org. The removal will then be implemented as soon as possible. If you wish for your personal data that was stored by SA to be removed, you must send another email to email@example.com. An account removal does not release you from your contractual payment obligations.
Changes to the Terms and Conditions
- The basis for the usage agreement are the terms and conditions of the website during the registration of the user. SA reserves the right to make subsequent changes to these terms and conditions, as long as this seems necessary and as long as this does not cause you significant and insufferable disadvantages that are contrary to the principle of good faith and trust.
- You will be notified in written form or electronically with a minimum of 4 weeks notice about any changes or additions to the terms and conditions. The changes or additions will become an effective part of the contract if you do not object within six weeks of the announcement and/or if you continue using any of SA services that require registration after such time. If the user should object to the modifications, either party shall have the right to terminate the contract in accordance with the provisions for termination valid before the modifications. When announcing the modifications, SA shall explicitly notify the user about his right to object and the consequences thereof.
- Individual deviations and agreements with single users about changes and additions to the terms and conditions – including the waiver of form requirement – and all its components require a written form and the explicit mention that such agreements are changes or additions made to these terms and conditions. This also applies to possibly contradict conditions of the contract of a user.
- Should any or several provisions of this agreement be ineffective, the effectiveness of the agreement as a whole and the effectiveness of the other provisions shall remain unaffected.
- The ineffective or unfeasible provision shall, insofar as legally permissible, be deemed to be replaced by a legally effective provision which corresponds as closely as possible to the commercial intent and purpose of the ineffective provision. The same is valid for possible omissions in regulations.
- The terms and conditions are subject to the laws of the United Kingdom, with the exclusion of UN purchasing law.
- If SA waives the execution of these terms and conditions in particular cases, this does not imply a modification of the terms and conditions as such.
- If the customer is a merchant, a legal entity under public law or without a legal venue in the United Kingdom, the legal venue for any disputes under this contract shall be London.
- The European Commission has provided an internet platform for online dispute resolution (the so-called ODR-platform). On this website, users will be able to reach out-of-court settlements with regard to contractual obligations that resulted from online sales agreements. The ODR-platform is available at http://ec.europa.eu/consumers/odr/.