Terms of Service

1. Introduction and Agreement

1.1 About These Terms

This website and all services offered through it are operated by Amanda Louise Boyce, trading as Aussie English With Amanda (ABN 25167140499) ("we", "us", "our", or "the Business").

These Terms of Service ("Terms") govern:

• Your use of our website www.aussieenglishwithamanda.com (the "Site")
• Your purchase and use of our digital products (e-books, online courses, accent assessments)
• Your participation in our coaching programs and community memberships
• All interactions with our services and platforms

1.2 Your Agreement

By accessing our Site, purchasing any product or service, or using any of our platforms, you agree to be bound by these Terms.

If you do not agree with these Terms, you must not use our Site or services.

1.3 Age Requirement

Our services are designed for adults aged 18 years and over. By using our services, you confirm that you are at least 18 years old or have the consent of a parent or guardian to use our services.

1.4 Separate Agreements

Some services require separate, specific agreements:

• 1-1 Coaching Programs: Governed by the "Accent Clarity Transformation (3-Month Program) Client Agreement"
• 6-Month Membership Community: Governed by "The Australian Pronunciation Society - 6-Month Membership Agreement" and the "Code of Conduct"
• Corporate Training: Subject to separate commercial agreements

In the event of a conflict between these general Terms of Service and a specific program agreement, the specific program agreement takes precedence for that particular service.

2. Changes to These Terms

We reserve the right to update, modify, or replace any part of these Terms at any time. Changes will be effective when we:

• Update the "Last updated" date at the top of this page
• Post the revised Terms on our Site

For significant changes, we will notify you via email where we have your contact details.

Your continued use of our Site or services after changes are posted constitutes your acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

3. Account Creation and Security

3.1 Account Information

When you create an account or purchase our services, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Notify us immediately of any unauthorized use of your account

3.2 Account Responsibility

You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

3.3 Account Termination

We reserve the right to suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activity
• Misuse our services or platforms
• Behave inappropriately toward staff or other students

4. Products and Services Offered

4.1 Digital Products

We offer the following digital products for purchase:

E-Books

• Delivery: Immediate download upon payment confirmation
• Format: PDF with watermarking and copyright protection
• Refunds: No refunds after download (digital goods policy)

Self-Paced Online Courses

Available courses include:

• Mastering Australian English
• The Aussie Slang Crash Course
• The Australian Connected Speech Method

Access Terms:

• Lifetime Access: For as long as the course remains actively available on our platform
• We reserve the right to discontinue courses with 90 days' notice
• If we discontinue a course you've purchased, you'll receive advance notification and the opportunity to download available materials
• Course Materials: Videos are streaming-only; PDFs and exercises are downloadable
• Refund Policy: 7-day money-back guarantee for Mastering Australian English and The Australian Connected Speech Method (see Section 7)

Accent Assessment

Service Includes:

• 9-12 page personalised pronunciation assessment report (PDF)
• Audio practice files via Google Drive
• Short video explanation of your results
• 15% discount on Mastering Australian English if you continue

Delivery Timeline:

• Report delivered within 7 days after we receive: (1) payment confirmation, (2) your voice recording, and (3) completed assessment form
• Validity: 15 days from purchase date to submit all required materials

Refund Policy: No refunds once report is delivered (as this is a completed custom service)

4.2 Coaching and Membership Services

1-1 Accent Coaching Programs

Programs Available:

• 3-Month Accent Clarity Transformation (12 lessons)
• Custom packages as agreed

Process:

• Prospective students join a waitlist
• When a spot becomes available, we email you to book an initial call via TidyCal
• Upon enrollment, you sign a separate Client Agreement specific to your program
• Payment via Stripe (one-time or payment plan)

Note: 1-1 coaching programs are governed by their specific Client Agreement, which includes detailed terms on scheduling, cancellations, recordings, and program delivery.

The Australian Pronunciation Society (6-Month Membership)

Community-Based Membership Program including:

• Access to online community platform (Heartbeat)
• Pronunciation learning materials
• Monthly live Q&A sessions
• Peer support and guided practice

Payment: Via Stripe (full payment or installment plan)

Governance: Subject to "The Australian Pronunciation Society - 6-Month Membership Agreement" and the "Code of Conduct"

Refund Policy: 7-day money-back guarantee from date of purchase

4.3 Corporate Training

Corporate training arrangements are subject to separate commercial agreements negotiated on a case-by-case basis. If you are an employer purchasing training for employees, please contact us at info@aussieenglishwithamanda.com to discuss terms.

5. Payment and Pricing

5.1 Payment Processing

Payments are processed through:

• Stripe: For all direct purchases (1-1 coaching, membership, some digital products)
• Squarespace Commerce: For website store purchases (e-books, courses, accent assessments)

All payment processing is subject to the terms and conditions of these payment providers. We do not store your credit card information.

5.2 Pricing

• All prices are listed in Australian Dollars (AUD) unless otherwise stated
• Prices are subject to change without notice
• The price you pay is the price displayed at the time of purchase
• We reserve the right to offer promotional discounts or special pricing at our discretion

5.3 Payment Plans and Installments

Where payment plans are offered:

• You agree to pay the full program cost even if choosing an installment option
• Missing or stopping payments does not cancel your financial obligation
• We may suspend access to services if payments are not completed as scheduled
• Afterpay may be available at checkout for select products

5.4 Taxes

Prices do not include GST where applicable. GST will be added at checkout for Australian customers in accordance with Australian tax law.

6. Intellectual Property Rights

6.1 Our Ownership

All content, materials, and intellectual property provided through our Site and services remain our exclusive property, including:

• Course videos, audio files, and recordings
• PDF documents, worksheets, and exercises
• E-books and written content
• Lesson summaries and progress reports
• Assessment reports and feedback
• Website design, branding, and logos
• Teaching methodologies and frameworks

6.2 Your License to Use

When you purchase our products or services, you receive a limited, non-exclusive, non-transferable license to:

• Access and view course materials for personal learning only
• Download PDFs and exercises for personal use
• Print materials for your own study purposes

6.3 Prohibited Uses

You may NOT:

• Share, resell, or distribute our materials to others
• Remove watermarks, copyright notices, or branding from our materials
• Copy, reproduce, or create derivative works from our content
• Use our materials to teach others or create competing products
• Record live sessions (unless you are provided a recording by us)
• Share login credentials or course access with others
• Upload our materials to file-sharing sites or public platforms

6.4 Copyright Protection

All our downloadable PDFs include:

• Website watermark in the header
• Logo in the top right corner
• Copyright notice: "Copyright © 2025 Aussie English with Amanda. All rights reserved."

Removing or altering these protections is a breach of copyright law and these Terms.

6.5 Consequences of Intellectual Property Violations

If you violate these intellectual property terms, we may:

• Immediately terminate your access to all services
• Withhold any refunds
• Pursue legal action for damages
• Report violations to relevant authorities

7. Cancellations, Refunds, and Money-Back Guarantees

Our cancellation and refund policies vary by product and service type. For complete details, please refer to our Cancellation Policy.

7.1 Digital Products (E-Books)

• No refunds after download, as these are digital goods
• If you experience a technical issue preventing download, contact us within 48 hours

7.2 Self-Paced Online Courses

7-Day Money-Back Guarantee applies to:

• Mastering Australian English
• The Australian Connected Speech Method

Terms:

• Request refund within 7 days of purchase
• Contact us at info@aussieenglishwithamanda.com
• After 7 days, all sales are final

The Aussie Slang Crash Course: All sales final (no refund policy)

7.3 Accent Assessment

• No refunds once the assessment report has been delivered
• You must submit all required materials (recording, form) within 15 days of purchase
• If you fail to submit materials within 15 days, your purchase is forfeited

7.4 1-1 Coaching Programs

Governed by your specific Client Agreement. Key points:

• Payment plans: Past payments are non-refundable
• Cancellation: You may cancel future subscription payments before the next billing date
• Unused sessions from paid installments are forfeited upon cancellation
• Package validity periods apply (e.g., 100 days for 3-month program)

See full details in the Cancellation Policy.

7.5 6-Month Membership Community

• 7-day money-back guarantee from date of purchase
• After 7 days, payments are non-refundable
• If paying by installment plan, you remain obligated to complete all payments even if you stop participating

7.6 Australian Consumer Law Rights

Nothing in these Terms limits your rights under the Australian Consumer Law, including your rights to:

• A refund or replacement if services are not provided with acceptable quality or care
• Compensation for reasonably foreseeable loss or damage
• Cancel a service and obtain a refund if the problem cannot be fixed

For more information about your consumer rights, visit: www.accc.gov.au/consumers

8. Recording, Data Retention, and Privacy

8.1 Recordings We Create

Zoom Lesson Recordings (1-1 Coaching):

• All coaching sessions are conducted via Zoom and may be recorded
• Recordings stored in Zoom cloud for 30 days, then automatically deleted
• Initial and final accent assessment recordings kept for duration of program + 30 days for progress comparison
• Students receive secure access links to review recordings during the 30-day period

Zoom Recordings (6-Month Membership):

• Monthly Q&A sessions may be recorded for members to rewatch
• Stored in Zoom cloud for 30 days

8.2 Recordings You Submit

WhatsApp Voice Messages (Homework/Practice):

• 1-1 Coaching: Kept for duration of program + 30 days after completion, then deleted
• 6-Month Membership: Kept for duration of membership + 30 days after completion, then deleted

Accent Assessment Recordings:

• Kept for 30 days after report delivery, then deleted

8.3 Lesson Summaries and Progress Documents

For 1-1 coaching students:

• We create lesson summaries in a Google Doc for your reference
• We retain this document for 3 months after program completion
• Before deletion, we email you to make your own copy
• After 3 months, the document is permanently deleted

8.4 Use of Your Recordings

We will only use your voice or video recordings for promotional or training purposes with your explicit written consent. Before and after recordings may be used with permission to demonstrate program effectiveness.

8.5 Your Privacy

All personal information and recordings are handled in accordance with our Privacy Policy. Please review it to understand how we collect, use, store, and protect your data.

9. Community Conduct and Platform Use

9.1 Heartbeat Community Platform

Members of The Australian Pronunciation Society must adhere to our Code of Conduct, which prohibits:

• Harassment, discrimination, or disrespectful behavior
• Spam, solicitation, or promotion of external products/services
• Sharing private conversations or recordings without consent
• Misuse of voice rooms or live practice spaces

Violations may result in immediate removal from the community without refund.

9.2 Acceptable Use of All Platforms

When using any of our platforms (website, community, Zoom, WhatsApp), you agree NOT to:

• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with other users' access or experience
• Impersonate others or provide false information
• Scrape, harvest, or collect user data
• Use our services for any illegal purpose

10. Lesson Scheduling and Attendance (1-1 Coaching)

For detailed scheduling, cancellation, and attendance policies for 1-1 coaching, please refer to:

• Your specific Client Agreement
• Our Cancellation Policy

Key Points:

• 24+ hours' notice: Reschedule without penalty
• Less than 24 hours: Session deducted from your package
• No-show: Session deducted (we wait 10 minutes)
• Late arrival: Session proceeds but must end at scheduled time
• Package validity: All sessions must be used within the specified timeframe

11. Service Delivery and Performance

11.1 Our Commitment

We are committed to providing high-quality coaching, courses, and educational services. However:

• Results vary between individuals
• We do not guarantee specific outcomes (e.g., accent elimination, job success, test scores)
• Your progress depends on your effort, practice, and circumstances

11.2 No Professional Advice

Our services are educational in nature. We do not provide:

• Speech therapy or medical advice
• Immigration or visa advice
• Employment or career counseling
• Test preparation guarantees (e.g., PTE, IELTS)

11.3 Platform Availability

While we strive for continuous availability, we do not guarantee that:

• Our Site will be uninterrupted or error-free
• All features will work perfectly at all times
• Third-party platforms (Zoom, Heartbeat, Squarespace) will be available 24/7

We are not liable for interruptions caused by third-party service providers.

12. Force Majeure (Unforeseeable Circumstances)

12.1 What Constitutes Force Majeure

We are not liable for failure to perform our obligations if such failure is caused by circumstances beyond our reasonable control, including:

• Serious illness or medical emergency
• Natural disasters (floods, fires, earthquakes)
• Pandemics or public health emergencies
• Internet or platform outages
• Government restrictions or regulations
• Acts of war, terrorism, or civil unrest

12.2 How We Handle Force Majeure

If we cannot deliver services due to force majeure, we will:

Option A: Reschedule/Extend Timeline

• Pause programs and reschedule sessions when circumstances permit
• Extend package validity periods accordingly
• Notify you promptly of the situation and expected timeline

Option B: Offer Refunds

• If circumstances make rescheduling impractical
• Refund will be prorated for unused portions of service

Decision: The appropriate response will depend on the specific circumstances and duration of the force majeure event.

13. Limitation of Liability

13.1 What We Are Not Liable For

To the fullest extent permitted by law, we are not liable for:

• Indirect, incidental, special, or consequential damages
• Lost profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use our services
• Actions or omissions of third-party service providers
• Your failure to achieve specific outcomes or results
• Technical issues beyond our control (internet, devices, platforms)

13.2 Maximum Liability

If we are found liable for any claim, our total liability to you is limited to the amount you paid for the specific product or service that gave rise to the claim.

13.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you have under the Australian Consumer Law or other applicable consumer protection laws that cannot be lawfully excluded.

14. Indemnification

You agree to indemnify, defend, and hold harmless Amanda Louise Boyce, trading as Aussie English With Amanda, and our contractors, service providers, and partners from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms of Service
• Your violation of any laws or regulations
• Your violation of any third-party rights
• Your misuse of our services or materials
• Content you submit or share through our platforms

15. Dispute Resolution

15.1 Informal Resolution

If you have a complaint or dispute, please contact us first at info@aussieenglishwithamanda.com. We will make reasonable efforts to resolve the issue informally.

15.2 Mediation

If informal resolution is unsuccessful, we both agree to attempt mediation before pursuing legal action. Mediation will be conducted by a mutually agreed mediator or mediation service in Queensland, Australia.

15.3 Arbitration

If mediation fails to resolve the dispute, both parties agree that disputes will be resolved through binding arbitration in Queensland under Australian arbitration rules, rather than through court proceedings.

The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction.

15.4 Exceptions

The following matters are exempt from mandatory mediation and arbitration:

• Claims for intellectual property infringement
• Claims that qualify for small claims court
• Emergency injunctive relief

16. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of Queensland, Australia.

Any legal proceedings arising from these Terms (not subject to arbitration) will be brought exclusively in the courts of Queensland, Australia, and you consent to the jurisdiction of those courts.

17. Third-Party Services and Links

17.1 Payment Processors

We use Stripe and Squarespace Commerce for payment processing. Your payment information is subject to their respective terms and privacy policies:

• Stripe: https://stripe.com/legal
• Squarespace: https://www.squarespace.com/terms-of-service

17.2 Third-Party Platforms

We use various platforms to deliver our services:

• Zoom: For video conferencing and lesson recordings
• Heartbeat: For community membership platform
• WhatsApp: For communication and homework submission
• Google Drive: For file sharing and practice materials
• TidyCal: For appointment scheduling

Your use of these platforms is subject to their respective terms of service. We are not responsible for the policies, practices, or availability of these third-party services.

17.3 External Links

Our Site may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of external sites. Clicking links is at your own risk.

18. Termination

18.1 Termination by You

You may terminate your use of our services at any time by:

• Canceling subscriptions or payment plans before the next billing cycle
• Ceasing to use our Site and services
• Requesting account deletion (email info@aussieenglishwithamanda.com)

Note: Termination does not entitle you to a refund of past payments unless otherwise stated in our refund policies.

18.2 Termination by Us

We may suspend or terminate your access to our services immediately if you:

• Violate these Terms of Service
• Violate program-specific agreements or codes of conduct
• Engage in fraudulent, abusive, or illegal activity
• Repeatedly miss or cancel scheduled sessions without notice
• Behave inappropriately or disrespectfully

Termination for cause does not entitle you to any refund.

18.3 Effect of Termination

Upon termination:

• Your access to paid services and platforms will cease
• You must immediately cease using all our materials
• Sections of these Terms relating to intellectual property, indemnification, and limitation of liability survive termination

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy, Cancellation Policy, and any program-specific agreements, constitute the entire agreement between you and Aussie English With Amanda regarding your use of our services.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

19.5 Headings

Section headings in these Terms are for convenience only and do not affect their interpretation.

19.6 Language

These Terms are written in English. Any translations are provided for convenience only. In the event of a conflict, the English version prevails.

20. Contact Information

21. Acknowledgment

By using our Site or services, you acknowledge that:

• You have read and understood these Terms of Service
• You agree to be bound by these Terms
• You understand your rights and obligations
• You have had the opportunity to seek independent legal advice if desired