MyWebSpeaker.com offers a technology platform (or a website) where speakers (expert speaker, moderator, entertainer) can register themselves and can offer their services to individuals, organisations and agencies looking for ‘speaker’ as a service. This document (terms & conditions) must serve as ‘agreement’ between all the parties looking to use this website (MyWebSpeaker.com). Your use of this website and its services are subject to these ‘terms & conditions’. If you or your organisation does not agree with any of the conditions mentioned in this document, it is advised to do not use this website or any of its services. You shall acknowledge your acceptance of ‘terms of use’ by clicking to accept or agree, wherever this option is made available to you.

Please read ‘terms of use’ thoroughly and carefully before agreeing to register, post and avail services of this website. MyWebSpeaker.com reserves the right to amend/modify/change this ‘terms of use’ at any time and you have all rights to reject the amendments/changes by simply not using this website or its services or by terminating your account, if applicable. If you have any questions or concerns about ‘terms of use’, please contact MyWebSpeaker.com (‘contact us’ tab on this website). 

1. MyWebSpeaker.com Services  

1.1 The services are designed to help speakers, and individuals or businesses looking to hire speakers for online events, meetings, Webinar, live show or any other activity in online mode requiring the service of a speaker.  MyWebSpeaker.com provides online software or website to enable parties (Speakers and organisers looking for Speaker) to use the service. The website may provide a variety of ways to help parties connect. It is your responsibility to use the website in compliance with this agreement or terms of use.

1.2 MyWebSpeaker.com hereby grants you a limited, restricted license to use the website solely in connection with the services.  You may not use the website for any other purpose. You may not: (i) modify, disassemble, decompile or reverse engineer the website (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer or allow access to the website to any third party or use the website for the benefit of or to provide similar services for any third party; (iii) make any copies of the website; or (v) delete the copyright and other proprietary rights or notices on the website.

1.3 MyWebSpeaker.com makes no representations that the service is appropriate or available for use in all locations. Those who access or use the service do so at their own volition and are entirely responsible for compliance with all applicable laws and regulations, including, but not limited to, privacy and export and import regulations.

1.4 MyWebSpeaker.com is NOT providing following services:

• Anything related to technology (software and hardware) to conduct/execute an event, like online plate-forms/ software for meetings, chat, webinars, and live-shows; hardware like laptops/mobile, electronic speakers/ mic, headphones, cameras.

• Internet connectivity to conduct an event where speakers can offer their service

• Audience management services

• Promotion of event

• Organising an event

2. Speakers and Organisers hiring Speakers          

2.1 You specifically acknowledge and agree that MyWebSpeaker.com is only a medium that allows for individuals and businesses to browse and hire speakers for their events.  MyWebSpeaker.com takes no responsibility and assumes no liability for any actions, non-actions, speeches or content attributable to the speaker. As a speaker, you agree that you are solely responsible for the content of and performance of your speech.  As a speaker or as an organiser hiring a speaker, you agree that MyWebSpeaker.com has no liability or obligation to you regarding the quality of a speaker speech or the performance or non-performance of a speech.  Organiser and speakers will work directly together regarding any disputes, issues or disagreements related to the services during the event. MyWebSpeaker.com is not responsible, and has no obligation, to mediate or otherwise intercede in any such disagreement. MyWebSpeaker.com may, but is not obligated to, forward to you any complaints or concerns it receives.

3. Use of the site and the Services

3.1 You may be required to subscribe and/or log in to use the services. Through the subscription and log in process, you will be asked to provide information about yourself (such as name, address, email address and other contact details) as well as other basic information about your business and the name under which you do business. You agree that all information provided is done so at your own discretion and that you are not obligated to use the services of this website. You agree, however, that any information you give to MyWebSpeaker.com will always be accurate, correct and up to date.  MyWebSpeaker.com may reject any potential subscription for any reason at its sole discretion.  

3.2 You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to subscribe. You also represent and warrant that you are authorized to act on behalf of the business that you are representing in subscribing to the services. This includes, without limitation, having the authority to authorize the method of payment and charges incurred to participate in the services. 

3.3 Certain topics and businesses are not eligible to participate in the services. These include businesses and topics that discuss or encourage the following types of transactions:

• Topics that hurt religious sentiments

• Topics that defame, abuse, harass, sexually harass or threaten others

• Topics that discriminates sex, geographical regions, religions, personal choices

• Topics related tobacco, e-cigarette sales, or related items

• Topics related to prohibited ‘drug’ use

• Topics related to weapons and munitions

• Sexually-oriented or pornographic products or services

• Marijuana dispensaries and related businesses such as “head” shops

• Door-to-door sales

• Age restricted products or services

• Bail bonds

• Bankruptcy lawyers

• Check cashing, wire transfers or money orders

• Counterfeit products

• Firms selling business opportunities, investment opportunities, mortgage consulting or reduction, credit counselling, repair or protection, or real estate purchases with no money down

• Gambling

• Illegal products or services as per the laws of lands where services of this website being offered

• Multi-level marketing or pyramid schemes

• Timeshares

• Any product or service that infringes upon the copyright, trademark, or trade secrets of a third party

• Anything which can be termed as ‘illegal’ as per law of land

•  

4. Your Password and Account Security

4.1 You agree and understand that you are responsible for maintaining the confidentiality of your login id, any passwords, one time passwords (OTPs) associated with any account you use to access this website and its services. Accordingly, you agree that you will be solely responsible for all activities that occur under your account. You must receive permission from the owner of the account to log in to the services using another person’s account. You can change your password at any time.

4.2 If you become aware of any unauthorized use of your password or of your account, you agree to change your password to prevent further unauthorized access, and notify us immediately.   

4.3 The unauthorized use of your account could cause you to incur liability to us and/or third parties.  MyWebSpeaker.com will not have any liability to you for any unauthorized transaction made using your password that occurs before you have notified us of the unauthorized use of your password and we have had a reasonable opportunity to act on that notice. 

4.4 MyWebSpeaker.com may, without notice, suspend or cancel your account at any time and for any reason including without limitation, if we believe, in our sole discretion, that your password is being used without your authorization or otherwise in a fraudulent manner.

5. Website Content

5.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the services are the sole responsibility of the person from which such content originated. All such information is referred to herein as the “content” and includes, but is not limited to, content that you post to your speaker profile or through our message boards, blogs or other messaging/communication system. "post", “posted” or “posting” means to upload, post, transmit, share, store, link to or otherwise make available on or through the services.

5.2 You should be aware that some content presented to you may be protected by intellectual property rights which are owned by those who provide that content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on content (either in whole or in part) that you do not own or have permission to use and/or modify. Additionally, content you post could be seen by the general public.  You should not post any information that you do not want the general public to know including, without limitation, personally identifiable information.

5.3 MyWebSpeaker.com reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any service. 

5.4 You understand that by using the services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the services at your own risk. We may remove or edit any content at any time and for any reason and/or ban users from the site at any time and for any reason. 

5.5 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you post while using the services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.

5.6 When i) using the services as a speaker; or ii) using the services as an individual or entity looking for the services of a speaker or contacting a speaker; or iii) using the forum, bulletin boards, messaging system or other method of communication; or iv) using the site and/or services in any other way; you represent and warrant that you will not:

• Discriminate against, defame, abuse, harass, sexually harass or threaten others

• Spam other members by sending them commercial messages unrelated to the services the speaker offers

• Knowingly post fraudulent material, stories or misrepresent yourself in any way

• Make any bigoted, hateful, or racially or sexually offensive statements

• Advocate illegal activity or discuss illegal activities with the intent to commit them

• Post, link to or distribute any material that infringes and/or violates any right of a third party or any law

• Post, link to, discuss or distribute any sexually explicit, pornographic, vulgar, obscene, discourteous, or indecent language or images

• Post, link to or distribute any software or other materials that contain a virus or other harmful component

• Post or distribute material that exploits children

• Post content that is copyrighted and claim it as your own

• Post any content that you do not own or have the right to post

• Register for more than one user account without our written permission

• Register for a user account that is not in your name

• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity

• Post content that is considered to be extremist such as pseudo-science or conspiracy theories

• Any content (text, file, video) which may hurt the sentiments (religions, personal emotions, political sentiments) of public

5.7 MyWebSpeaker.com is not responsible for the content or accuracy of any information posted by organiser and speaker, and shall not be responsible for any transactions, whether paid or unpaid, made based on such information.

5.8 All illegal activities will be reported to appropriate authorities and will result in termination of your account.

5.9 Speakers are responsible for posting their own content.  In addition to the other obligations in this agreement, as a speaker, you agree that all content that you post is truthful.  You may not post anything to create an impression that you know is incorrect, misleading, or deceptive.  All content you post must comply with all applicable laws rules and regulations and be owned by you or you have the right to post it.

5.10 You represent and warrant that you have the full legal right and title, or otherwise have all rights necessary, to all content that you post.  You hereby grant permission to MyWebSpeaker.com to use all content provided by you for the purposes of hosting such content as part of the MyWebSpeaker.com services.

5.11 You may not distribute, transmit, copy, download or otherwise make available any content or other material from the site, including any text, sound or images, for public or commercial or any other use, without the prior written permission of the MyWebSpeaker.com.  You also may not distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer or sell any content or other material contained on the site without prior written permission by MyWebSpeaker.com.

5.12 ‘MyWebSpeaker.com’ as a service provider shall be able to communicate with you (event organiser and speaker) about events, call for speaker, and shall be able to sent you reminder messages, emails, chats and updates by events and any of the services of ‘MyWebSpeaker.com’.

6. Packages & Pricing

6.1 Registration, Subscription offerings and pricing are subject to change at any time at MyWebSpeaker.com discretion. Taxes, as required by law, are in addition to all prices listed, unless otherwise indicated on the website.

6.2 MyWebSpeaker.com may add new features for additional fees, or amend the fees for existing services, at any time at its sole discretion. 

6.3 You represent and warrant that you are the rightful owner of, or are authorized to use, the credit card/debit card/wallets utilized in connection with any transaction, and you authorize MyWebSpeaker.com to charge for its services through these mode of payments. MyWebSpeaker.com declines all responsibility related to payment processing and anything which is not covered under services of MyWebSpeaker.com.

6.4 MyWebSpeaker.com will provide a ten (10) business day grace period to bring your account up to date if payments fail or are rejected before suspending your account or making it hidden from the public.  

6.5 Payment Terms & Refund policy

6.5.1 When Organiser cancels a booking

6.5.1.1 For Organiser

If an organiser cancels the booking of speaker or an event got cancelled due to any reason, the organiser shall cancel the booking online and shall contact MyWebSpeaker.com by raising ‘Support Ticket’ (a facility available in account) to get the refund of payment made. Percentage of refund will be based on following terms:

• Prior intimation (to speaker booked and MyWebSpeaker.Com) of cancellation before 3 days (as per dates) of commencement of the event or scheduled delivery of talk by speaker (whichever is earlier): 100% refund of original payment done

• Prior intimation (to speaker booked and MyWebSpeaker.Com) of cancellation before 2 days (as per dates) of commencement of the event or scheduled delivery of talk by speaker (whichever is earlier): 50% refund of original payment done

• Prior intimation (to speaker booked and MyWebSpeaker.Com) of cancellation before 1 day (as per date) of commencement of the event or scheduled delivery of talk by speaker (whichever is earlier): 0% refund of original payment done

• In all situations, refund to organiser will be done within 15 days after cancellation of booking

6.5.1.2 For Speaker (Experts, Moderator, Entertainer)

If an organiser cancels the booking of speaker or an event gets cancelled due to any reason, the booked speaker shall get payment as per following terms:

• If cancellation of booking is done by organiser before 3 days (as per dates) of commencement of the event or scheduled delivery of talk by speaker (whichever is earlier): 0% payment to speaker as fee

• If cancellation of booking is done by organiser before 2 days (as per dates) of commencement of the event or scheduled delivery of talk by speaker (whichever is earlier): 25% payment to speaker as fee

• If cancellation of booking is done by organiser before 1 day (as per date) of commencement of the event or scheduled delivery of talk by speaker (whichever is earlier): 50% payment to speaker as fee

• In all situations, payment to speaker will be done within 15 days after completion of event or date of delivery of talk (whichever is later)

(Note: A day start at 12:01 am and ends at11:59 pm. Dates changes accordingly.)

6.5.2 When Speaker (Experts, Moderator, Entertainer) cancels a booking

6.5.2.1 For Organiser

Speaker must inform organiser at least 3 days before the commencement of the event or scheduled delivery of talk by speaker (whichever is earlier) by dropping a message to organiser (a facility available in account) and MyWebSpeaker.com by raising a ‘Support Ticket’ (a facility available in account). If a speaker fails to do so, it will be consider as an act of non-professionalism. In such cases full amount paid for defaulted speaker will be refunded to organiser. Also, organiser can give negative reviews to the speaker.

6.5.2.1 For Speaker

If a speaker doesn’t inform organiser and MyWebSpeaker.com about his non-availability to deliver the committed work, this will be considered as gross non-professionalism behaviour. There will be no payment for such bookings. 50% payment from the upcoming single booking will be deducted by MyWebSpeaker.com.

6.6 MyWebSpeaker.com will provide a ten (10) business day grace period to bring your account up to date if payments fail or are rejected before suspending your account or making it hidden from the public.  

7. Termination and Suspension of Agreement

7.1 Either party can terminate this agreement at any time and for any reason including its own convenience.  You may also choose to suspend your account by making it “hidden” from the public, without terminating the agreement altogether. For accounts that are suspended for a continuous period of 6 months, however, MyWebSpeaker.com may choose, at its sole discretion, to terminate the agreement and proceed as per section 7.2 below.

7.2 Upon termination for any reason, MyWebSpeaker.com may, but is not obligated to, delete all of your information and the content you posted. MyWebSpeaker.com shall not be liable to you for compensation, reimbursement, or damages in connection with your use of the service, or any termination or suspension of the service or deletion of your information or other content. You will lose access to your account upon termination and any data or other content may not be able to be recovered once your account is terminated and the content and/or other data is deleted. Re-subscribing at a later date will not result in the content and/or data being restored.

7.3 There is no refund for terminations or portion of unused periods of time previously paid for unless MyWebSpeaker.com terminates your account for reasons other than as set forth below in section 7.4. 

7.4 MyWebSpeaker.com may terminate or restrict your use of the service, without any refund or other compensation or notice if you are, or if MyWebSpeaker.com suspects that you are: (i) in violation of any term of this agreement, or (ii) engaged in illegal or improper use of the service. 

7.5 Other than as stated herein and on the service’s pricing page, payments are non-refundable. Refunds may nevertheless be granted at the sole discretion of the company.

8. Disclaimer

MyWebSpeaker.com shall not be liable to you or to any third party for any indirect, incidental, special, or consequential damages arising out of the services under this agreement including, but not limited to, damages for lost profits, lost savings, or lost data, or for any damage related to the use of, or inability to use, the web site or the services even if MyWebSpeaker.com has been advised of the possibility of any such damages.  Company’s total aggregate liability under this agreement for any and all claims shall be for those direct damages suffered by you and solely due to MyWebSpeaker.com performance under this agreement and shall not exceed the amounts actually paid by you to MyWebSpeaker.com for the services directly related to the damages suffered.  No action, regardless of form, arising out of this agreement, may be brought by you more than one (1) year after the cause of action has accrued. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations in this agreement may not apply to you.

9. Warranty

The service is provided on an "as is" and "as available" basis. Without limiting the foregoing, MyWebSpeaker.com, its partners and licensors, disclaim any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. MyWebSpeaker.com do not warrant: i) that the content (whether posted or stated by MyWebSpeaker.com, speaker or anyone else) is accurate, reliable or correct; or ii) that the site, services or speakers will meet your requirements; or iii) that the site will be available at any particular time or location, uninterrupted or secure; or iv) that any defects or errors will be corrected; or v) that the site or services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download.  

10. Indemnity

You agree to defend, indemnify and hold harmless MyWebSpeaker.com and its subsidiaries, agents, managers, partners (including, without limitation, its wireless carrier partners), and other affiliated companies, and their employees, contractors, agents, investors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees). This indemnity clause does not apply until any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) are proven in a court of law.

11. Confidentiality/Publicity

11.1 You agree to allow MyWebSpeaker.com to list your business as a speaker or organizer, including, but not limited to, listing your name, photo and/or the name of your business, and/or any other information you made publicly available on your speaker profile, to be displayed on MyWebSpeaker.com, and/or if your speaker profile is associated with an organization that uses the company's service, unless you opt out by sending an email request to that effect. Unless you opt out via your speaker profile's settings or by an email request, MyWebSpeaker.com can use the above content in its advertising material and promotional messages through its partners and 3rd parties.

11.2 If you are given or otherwise have access to speaker/organiser names, ip address, email address and/or other contact information, you agree to keep such information confidential and to not use the name, email address or other contact information for any purpose other than that contemplated by this agreement.  You agree to abide by all laws including, but not limited to, all privacy laws.

12. Relationship of the Parties 

The relationship of the parties is that of an independent contractor. This agreement does not create a joint venture or partnership between speakers or users or organisers and MyWebSpeaker.com, and each will act independently of the other. Neither you nor MyWebSpeaker.com is empowered to bind or commit the other to any other contract or other obligation. You and MyWebSpeaker.com agree that there are no third party beneficiaries to this agreement. 

13. Assignment

This agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the written permission of MyWebSpeaker.com.  MyWebSpeaker.com is free to assign this agreement to any third party. 

14. Governing Law, Consent to Jurisdiction

MyWebSpeaker.com is an entity of Sustainable Value (OPC) Pvt. Ltd. Unless otherwise agreed to in writing by both you and the MyWebSpeaker.com: (a) this agreement shall be governed by and construed in accordance with the laws of India with respect to any matter arising out of or relating to this agreement. The place of jurisdiction shall be court of Indore (Madhya Pradesh), India.

In the event a dispute arises between the parties which they have been unable to resolve among themselves, the parties agree to participate in mediation. The parties agree to share the costs of such mediation. If mediation fails to resolve the dispute, the parties agree that the dispute may be submitted to final arbitration upon written request of one party served on the other. Judgment on the arbitrator's award may be entered by any court of competent jurisdiction.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.