Terms and Conditions

David Maxwell Crane Information Management - Terms and Conditions

Welcome to www.speakonstage.com, the website (the “Platform”) of David Maxwell Crane Information Management. These Terms and Conditions comprise of the Terms of Use and Privacy Policy that govern your visit and use of the Platform and form a binding contract between the Platform and yourself.

The following definitions and interpretation apply to the Terms and Conditions:

Company refers to David Maxwell Crane Information Management, a lawfully incorporated entity domiciled in the United Arab Emirates (UAE), and its affiliates, subsidiaries and related entities;

Services means and includes coaching programs, weekly calls, VIP mentoring, group coaching, Q&A forums, events, consultancy, affiliate programs, other products and services offered by us, and the Company owns all rights in these Services;

User/you/your/ (or a similar reference) refers to you as the visitor or user of the Platform;

Us/ our/ we refers to the Platform fully owned and managed by the Company.

By visiting the Platform, you provide unconditional consent to the Terms and Conditions, you confirm that are at least eighteen (18) years of age and legally permitted to enter a binding contract with us, you are not a person or entity barred from entering into contracts in the UAE or other applicable jurisdictions, and you agree to fully comply with and be bound by the Terms and Conditions, during your current and future use of the Platform.
Should you disagree to be bound by these Terms and Conditions, please do not use the Platform in any manner. The Company reserves rights of admission to the Platform.
Your name, phone number, and email address are only used for registration purposes on the Platform. You will receive emails, and phone calls in association with the coaching program or other services that you avail on the Platform. Your information shall not be provided to any third parties unless stated otherwise in the Terms and Conditions. All of your information is kept private and confidential and is used for coaching program / contracted relationship purposes only.

You agree to avail the Services without assumption of responsibility of any kind by the Platform or the Company. You shall release and discharge the Platform and the Company from any and all claims and demands of every kind which you may suffer directly or indirectly by accepting these Terms and Conditions.
We respect your privacy and do not sell your information to any individual or entity. We may request you to provide your contact number and email address and you consent to receiving appointment reminders and other communication and information at that email address and/or text messages from the Company.
You may opt-out of receiving text messages at any time, however message and data rates may apply.

You further understand that the tools and techniques provided on the Platform and shared with you by virtue of the Services being availed are confidential and proprietary. The Company grants you a limited, revocable, non-transferable, royalty-free license to avail the Services for your personal use and benefit, strictly for educational purposes. You are not permitted to sub-license, assign, lien or transfer to a third-party the license granted to you in these Terms and Conditions, without written consent of the Company.

The license provided to you by the Company, prohibits you to:

take any photographs of the coaching programs, / contracted relationship or presentations, documents or other resources, unless otherwise permitted by the Platform in writing;
record or otherwise use any media to record any portion of the Services;
publicly disclose any information about the Services to any third-party, other than your participation in any manner or form whatsoever including but not limited to personal blogs, media reports (public or private media), discussions and dialogues, and unless otherwise permitted by the Platform in writing.
show or share any of the privately recorded coaching, counselling or consulting sessions with anybody else unless otherwise permitted by the Platform in writing.

You agree and acknowledge that your usage of the Platform and/or Services does not guarantee any kind of monetary refund, trade, compensation or rebate.

You will allow any taped conversation, video or photograph procured at coaching programs to be reproduced in accordance with our Privacy Policy strictly for education and promotional purposes.

TERMS OF USE
Registration

You are required to sign up on the Platform using your existing email address if you wish to become a registered Member. Each registration is valid for a single individual and is non-transferable or non-assignable.
You confirm that you are at least (18) years of age.
Any registration by, use of, or access to the Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms of Use. The registration request is subject to our approval. You agree to provide accurate and complete information in the registration form. You are prohibited to use a false email address, or impersonate a person or an entity for the process of registration and/or at any other point of engagement with the Platform. The Platform reserves the right, at any time and without reason, advance notice, limitation or liability, to terminate your account or restrict your access to the Platform, and to decline your registration at its sole discretion. The registration process requires you to disclose basic personal information such as your full name, email address, and create a private password to secure your account.

You are solely responsible for the type and level of disclosures of information you make to the Platform. Our commitment to confidentiality is in accordance with our Privacy Policy. The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your User account. The Platform shall not engage with any user that has international sanctions (including but not limited to trade, military, economic) against them by an international, national or regulatory authority. We shall not intentionally provide services to any of the United States Office of Foreign Assets Control (OFAC) sanctioned countries, subject always to the laws of UAE. Kindly refrain from using the Platform if you are sanctioned by OFAC or deal with OFAC sanctioned persons or entities. In accessing the Platform, you will not seek to interrupt, interfere or act in any manner whatsoever, contrary to the Terms of Use or the applicable laws of the UAE.

Intellectual Property

The entire content of the Platform and of the Services, including but not limited to text, designs, graphics, databases, HTML code, brochures, course material, course names, resources, templates, graphics, non-photographs, videos, interactive presentations, software, logos, arrangements and layouts, are our sole and exclusive property, or are licensed to us and all rights are reserved and are protected by international copyright laws. All trademarks and trade names including and all other derivatives thereof including the trademarks appearing on the Platform are proprietary to us and may only be used by licensees authorized by us and are protected by international intellectual property rights laws. You agree not to use, disseminate, publish or reverse engineer any content or other intellectual property rights on this Platform without our prior written consent.

Limitation to Liability

You understand all aspects of all details provided on the Platform are not intended to be legal, financial, technical, medical, economical or professional advice of any kind, each of which are subject to further terms and conditions; thus, you are advised to read the specific terms or conditions of each, carefully.

The resource materials provided to you offline and on this Platform is without warranties of any kind, either express or implied. The Company and the Platform disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

The Platform holds no liability to you for any direct, indirect, special, exemplary, incidental or consequential damages, including but not limited to, software glitches, inaccurate pricing due human or technical errors; damages for loss of profits, goodwill, use, data or other intangible losses, resulting from use of the Platform. Considering the above mentioned exclusion of liability, in case any liability is established by an entity with jurisdiction in accordance with these Terms of Use, in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the value of the specific product, to which any liability relates.

We may ask you for your photographs for the promotional purposes with your consent. Your consent shall grant us the absolute and irrevocable right and unrestricted permission to use, reuse, publish, and republish the photographs in whole or in part, individually or in connection with other material, in any and all media now or hereafter known, including the internet, and social media sites, in accordance with our Privacy Policy, for the purposes of illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration; and to use your name in connection with any such use. You agree that your consent extends to photographs that you may be a non-principle part of. Your consent shall release and discharge the Company and the Platform from any and all claims and demands that may arise out of or in connection with the use of the photographs and your name, including without limitation any and all claims for libel or violation of any right of publicity or privacy. Your consent shall also confirm that we have received consent from all individuals present in the photographs that you submit.

PRIVACY POLICY

This Privacy Policy applies to the Platform and shall be read in conjunction with the Terms of Use. Your use of the Platform represents your acceptance of this Privacy Policy, which forms a binding agreement between the Platform and yourself. This document explains how we protect and manage the personal information that we collect from you. Before using the Platform – and particularly before submitting personally identifiable information via this Platform – you should read and understand this entire Privacy Policy. Your use of this Platform constitutes your full agreement and consent to this Privacy Policy, together with the Terms of Use. If the Privacy Policy is not acceptable to you, please do not submit any personally identifiable information via this Platform and immediately cease from accessing the Platform.

Consent for Collection, Use and Disclosure

We may occasionally update this Privacy Policy. When it does, we will also revise the ‘last update’ date at the top of this Privacy Policy. The Platform may make new uses or disclosures of information collected from users, such as in connection with an investigation of a breach of an agreement, contravention of laws, an emergency where the life, health or security of an individual is threatened, the collection of a debt or in compliance with the request of a law enforcement agency or a court order, and in such circumstances. We recommend that you read this Privacy Policy periodically to keep yourself updated with the timely amendments.

You may, at any time, withdraw your consent for collection, use and disclosure by sending an email to unsubscribe. Please note that, if you do, the Platform may suspend its provision of products and services to you.

Collection of Information

The Platform may actively collects certain ‘"personal information’" (information that personally identifies you) which may include, but is not limited to, your name, email address, home or work address, telephone number, as well as ‘passive information’ such as, - information about your computer hardware and software (e.g., IP address, operating system, browser type, domain name, URL, access times, and referring web site addresses).

We have implemented this Privacy Policy to protect personal information received from its users, and to respond to any inquiries. We reserve the right to share with third-parties, including our business partners and advertisers, the anonymous (non-personally identifiable) aggregated information that we have passively collected via this Platform. We do not link passively collected information with personal information you have actively provided elsewhere on this Platform.

Purposes for Collecting Personal Information

The Platform collects and uses personal information for the following identified purposes.

to understand user needs regarding our services
to develop and provide the Platform, and our Services for our users;
to fulfill your requests for our Services
to communicate with you, when necessary, and to inform users of upgrades, as well as of other products and services provided by us, our affiliates and third parties;
to allow you access to limited-entry areas of the Platform
to personalize some of our Services for you and to deliver targeted advertisements and offers from us and third parties;
to bill accounts and maintain payment records;
to comply with any applicable law, regulation, legal process or government request;
protect the Services, information, or rights of the Platform, including but not limited to the security or integrity of the Platform; and
to identify and resolve technical problems concerning the Platform its information, products and services.

The Platform also uses personal information in an aggregate form (i.e., not individually attributable to you) for its business analysis, operational, marketing and other promotional purposes.

If we sub-contract part of the Services to other entities then we will only provide those entities the personal information they need for the identified purposes, and we will limit their rights to use and further disclose your personal information as appropriate in the course of their work for us.

Limiting the Collection of Personal Information

The Platform limits its collection of personal information to only that information which is necessary for the identified purposes. The Platform does not direct its site to, nor does it knowingly collect any personal information from children under the age of eighteen (18) years.

When you visit the Platform, a cookie may be placed on your computer or the cookie may be read if you have visited the Platform previously. If you choose to not have your browser accept cookies from the Platform, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on the Platform.

Disclosure, Processing and Retention

We do not sell, rent, or disclose your personal information to anyone else, except:

to someone you have designated to act as your agent, for one or more of the identified purposes;
to our employees, independent contractors, subsidiaries, joint ventures, affiliates, consultants, business associates, service providers, suppliers and agents, acting on our behalf for any of the identified purposes;
as necessary if we have reason to believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, other users of the Website, products or services, or anyone else that could be harmed by such activities; and
to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law.

In addition, as we continue to develop our business, we or our affiliates may sell or buy other businesses or entities, or we may merge with another company. In such transactions, personal information may be one of the transferred business assets. Also, in the event that the Company or substantially all of its assets are acquired, your personal information may be one of the transferred assets.

Accuracy of Personal Information

We will use reasonable efforts to keep personal information accurate for the identified purposes, and for minimizing the possibility of making inappropriate user decisions based on such information. Users are responsible for informing us about changes to their personal information. We will use new or updated personal information it receives from users to update its own records.

We will use commercially reasonable efforts to protect user's personal information.

Access to Personal Information

The Platform will afford you a reasonable opportunity to review the personal information in your file only, upon request at [email protected]

If the Platform is not able to provide access to some aspect of a user's personal information, it will provide reasons for denying access.

Users have the right to request that inaccurate or incomplete information be amended as appropriate, by contacting us at [email protected]

We will promptly correct such personal information.

Users have the right to deletion of their personal information. If a user would like their personal information deleted, they should email [email protected] .

When a user's account is terminated, personal data such as the users email address, phone number and birthdate will be deleted, but the Platform may retain and use your personal data as necessary to satisfy any legal, accounting or reporting requirements, showing transactional history with the company to resolve disputes or to enforce our agreements and rights. In line with this policy, we will either securely delete or anonymize your personal data so that it cannot be linked back to you.

User Generated Content

Certain Services may allow registered users to submit and upload content on the Platform or affiliated sites (“User Generated Content” or “UGC”). For example, audio/video where students repeat and record learnings within the product / courses, or feedback about our products through our customer feedback forums on our websites, social media groups, personal messaging and emails.

If you make any UGC available through any forum about our Services / interactions, you give us permission to use, copy, modify, adapt, display, distribute that content for the all purposes or request alteration or removal in accordance with the restrictions outlined in the Terms and Conditions. This permission is irrevocable and without payment or attribution. By making UGC available through any forums regarding our Services / interactions, you grant us a worldwide, non-exclusive, perpetual, royalty free, sublicensable and transferable license to use any such content in whole or in part.

Comments, suggestions and other feedback about our Services, made through our customer feedback forums, may be viewed by other customers. If you would prefer to submit feedback to us directly, please contact [email protected]

If you are going to make content available through our forums, it must not be offensive or inappropriate and it must not infringe or violate the rights of any third party.

We reserve the right to take down or delete any UGC at our discretion.

Events (in person and virtual)

All events organized by us that include Dave Crane, or a third-party contractor as a speaker, MC/ hosts, facilitator, producer, event designer, showrunner or organizer are subject to the following provisions:.

You are responsible and liable for 100% of agreed investment amount payable to us upon written acceptance of proposal that confirms your booking with us, unless agreed otherwise by you and the Company.
Your acceptance of our proposal is also your acceptance of these Terms and Conditions.
The investment amount is exclusive of Value Added Tax and other applicable taxes, and excludes costs towards flights, visas, venue, food and beverage or transport.
You shall be responsible to pay for expenses pertaining to flight tickets, visa, accommodation, domestic travel in the country/ location of the event, food and beverages, applicable taxes and charges, for Company personnel directly relevant to your event, for the entire duration of the stay, at no additional cost or liability to the Company. For the sake of clarity, this clause shall extend to any delay in performance of your event caused by Force Majeure events.
Any additional services, if required, shall be provided by us a mutually agreed fee, and shall be invoiced accordingly to the client. Variations to the scope of work may require additional fees however the fees may not be reduced under any circumstances.
All bank transfer charges and foreign currency exchange rates shall be borne by you/ the transferor and they shall ensure that the Company shall receive the invoiced amount in cleared funds.
We do not offer refunds on the invoiced amount under any circumstances. You waive all rights or claims to any refunds of the invoiced amount, including but not limited to, events or Services cancelled due to Force Majeure, as specified in sub-clause ‘j’ of this section.
Production and design costs on every event begin immediately upon receipt of investment amount, unless agreed otherwise in writing by us.
All documents and their contents, the proposal, our pricing, these Terms and Conditions, and all discussions and negotiations between the Company, the Platform and yourself are confidential. You may not disclose any confidential information to a third-party without prior written consent of the Company. A breach of this sub-clause shall be considered a material breach of these Terms and Conditions, and is subject to the non-disclosure agreement signed between the Company and yourself.
Neither party will be liable for any failure or delay in performing an obligation under these Terms and Conditions that is due to any of the following causes (which events and/or circumstances are hereinafter referred to as ‘Force Majeure’), to the extent beyond it’s reasonable control: Acts of God, accident, riots, war, terrorism act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, Governmental acts or omissions, changes in laws or regulations, national strikes, travel bans, fire, explosion, general lack of availability of raw materials or energy, changes in market conditions and includes the novel Coronavirus pandemic, which is ongoing as of the date of the execution of this amendment.
Any cancelations and re-booking of events shall be subject to a revised proposal, revised terms of payment and terms and conditions, as applicable, mutually agreed in writing by the Company and yourself, at that time.

Member Conduct

Users may post their content on the Platform provided that the content is not illegal, offensive, immoral or against common decency as followed in the UAE. The Platform reserves the right to review and delete content at its discretion, without any limitation, and without prior notice to the user. The Platform reserves the right to terminate a user account, subscription and registration, that is in breach of this provision.

Users are responsible for complying with all applicable laws at all times.

You warrant that your use of the Platform, in any manner, shall not infringe on any third-party rights.

As a user, you agree not to use our Services to do any of the following:

Upload, post, or otherwise transmit any content that:

Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable;
Links directly or indirectly to any materials to which you do not have a right to link;
Contains any private information of any third- party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers;
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 to extract information from the Platform;
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In our sole judgement, act is objectionable or restricts or inhibits any other person from using or enjoying the Platform or which may expose the Company, our affiliates, or our users to any harm or liability of any type.

Use our content to:

Develop a competing website;
Create compilations or derivative works;
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism;
Decompile, disassemble, or reverse engineer the Platformour Website, Services, and any related software;
Use the Platform or Services in any manner that violates the Terms and Conditions of any local, state, federal or international laws.
Train, showcase or share our content with a competitor, peer or any other 3rd party without our prior written consent

Payments

You represent and warrant that if you are purchasing something from us,

any credit information you supply is true and complete,
charges incurred by you will be honored by your bank or credit card company,
you will pay the charges incurred by you at the posted prices, including any applicable taxes, and
if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.

Products and Services Refund Policy

Your satisfaction with our Products or Services is important to us. However, given the extensive time, effort, preparation and care that goes into creating and/or providing our programs, products, Services and program materials, we do not offer any refunds, unless provided by law otherwise. We do not offer any refunds for our events.

You may submit us a refund request at [email protected] only in the event that a course taken by you has not had effective, tangible and quantifiable results within thirty (30) days of date of purchase, and provided written evidence to this effect is submitted to us. This provision does not apply to events. We reserve the right to accept or reject your refund request at our sole discretion.

Termination of Membership

Your membership with us is effective until terminated by you or us. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered user. You must delete or destroy any information or content (including all copies) obtained from us. Certain provisions of these Terms and Conditions, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Terms and Conditions.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of these Terms and Conditions or use of the Platform or Services.

Severability and Survival

Should any part of these Terms and Conditions be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of these Agreement Terms and Conditions will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under these Terms and Conditions will survive any termination.

Governing Law and Jurisdiction

Any dispute arising out of or in connection with these Terms and Conditions, including but not limited to any question regarding its existence, formation, performance, interpretation, validity or termination, shall be referred to and finally resolved exclusively by the courts in the Emirate of Dubai, UAE. The governing law of this contract shall be the applicable laws of the Emirate of Dubai in the UAE.

*Updated on 28th September 2021*

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