Terms and Conditions
Date of issue: 28 October 2020
This Terms and Conditions replaces all previous Terms and Conditions and is effective from the date of mentioned above.
This Terms and Conditions (hereafter “Terms”) forms the agreement between The Learning Tree Pty (Ltd), (hereafter “us”, “our” “we”) and the Client or User (hereafter “you”, “your”).
The headings in these Terms are provided for convenience and ease of reference only and will not be used to interpret, modify, or amplify these Terms.
By using our website, the programs and coaching services (hereafter “Platform & Services”), you accept these Terms in full, accordingly, if you disagree with these Terms or any part, you must exit immediately and not use our Platform & Services.
This Platform & Services provide solutions specific to your business to assist you with customer experience solutions, and you must be at least 18 years of age to use our Platform & Services, and by using our Platform & Services or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.
You need an account for most activities on our Platform, including to purchase and register for a Program. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and we will not intervene in disputes between you and other users or coaches who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Coaching Terms, you may be requested to verify your identity before you are authorised to communicate with any user.
3. REGISTRATION AND ACCESS
As a user, when you register for a Program, whether it’s a free or paid Program, you are getting a license from us to view the Program via our Platform & Services, and we are the licensor of record. Programs are licensed, and not sold, to you. This license does not give you any right to resell or make it available in any manner (including by sharing account information with, friends, employees, a purchaser or illegally downloading the Program and sharing it on torrent sites).
In legal, more complete terms, we grant you a limited, non-exclusive, non-transferable license to access and view the programmes and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Platform & Services, in accordance with these Terms or any other terms and conditions or restrictions associated with a particular Program or feature of our Platform & Services. All other uses are expressly prohibited.
You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Program unless we give you explicit permission to do so in a written agreement signed by our authorised representative.
We give you 12-month access license, when you register for a Program. However, we reserve the right to revoke any license to access and use Program/s at any point in time in the event where we decide or are obligated to disable access to a Program due to legal or policy reasons.
Before registering for the Program, you are responsible for satisfying yourself as to the relevance and suitability of the Program for your individual requirements, through consideration of the information supplied through our Website, and asking questions, if necessary.
Coaches may not grant licenses to their coaching to you directly, and any such direct license shall be invalid and a violation of these Terms.
4. PAYMENTS, CREDITS, AND REFUNDS
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your Program, we offer a 30-day refund or credit for a Program purchase. There is no refund on coaching services.
The prices of Programs are predetermined as indicated in the Program product page on the website.
We regularly run promotions and sales for our Programs and certain Programs are only available at discounted prices for a set period. The price applicable to a Program will be the price at the time you complete your purchase of the Program (at checkout). Any price offered for a particular Program may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users.
When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the Platform and Service you are registered for, you agree to pay us the corresponding fees within seven (7) days of notification from us. We reserve the right to disable access to any Program for which we have not received adequate payment.
4.2 Refunds and Refund Credits
If the Program you purchased is not what you were expecting, you can request, within 30 days of your purchase of the Program, that we apply a refund to your account. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners. No refund is due to you if you request it after the 30-day guarantee time limit has passed. However, if a Program you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 30-day limit. We also reserve the right to refund you beyond the 30-day limit in cases of suspected or confirmed account fraud.
If we decide to issue refund credits to your account, they will be automatically applied towards your next Program purchase on our website. Refund credits may expire if not used within the specified period, and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a Program that you want to refund or if you’ve previously refunded a Program, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Platform & Services. If we ban your account or disable your access to the Platform & Services due to your violation of these Terms, you will not be eligible to receive a refund.
4.4 Gift and Promotional Codes
We may offer gift and promotional codes to users. Certain codes may be redeemed for gift or promotional credits applied to your account, which then may be used to purchase Programs on our Platform, subject to the terms included with your codes. Other codes may be directly redeemable for specific Programs.
These codes and credits, as well as any promotional value linked to them, may expire if not used within the period specified in your account. Gift and promotional codes offered by us may not be refunded for cash, unless otherwise specified in the terms included with your codes or as required by applicable law. If you have multiple saved credit amounts, we may determine which of your credits to apply to your purchase.
5. YOUR CONDUCT
You can only use The Learning Tree for lawful purposes. You’re responsible for all the content that you post on our Platform & Services. You should keep the reviews, questions, posts, and other content you upload in line with these Terms and the law and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Platform & Services or create an account for unlawful purposes. Your use of the Platform & Services and behaviour on our platform must comply with the applicable local or national laws or regulations of South Africa. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
Our Programs are built on a sequential delivery format, meaning that any Program sequence is controlled by the platform for optimum learning and enjoyment by all who use the Platform & Services. You agree that we will not change the sequence or remove the sequential delivery format to give you randomly access to the Program content to suit your personal needs.
Further, you agree not to upload any content or technology (including information on encryption) whose export is specially controlled under the Technology and Communications Act of South Africa.
If you are a user, the Platform & Services enable you to ask questions to the coaches of Programs you are registered in, and to post reviews of Programs. For certain Programs, the coach may invite you to submit content in the form of an activity or assignment. Don’t post or submit anything that is not yours.
If you are a coach, you can communicate with the users who have registered in the Programs. In both cases, you must abide by the law and respect the rights of others: you cannot post any question, answer, review, or other content that violates applicable local or national laws or regulations. You are solely responsible for any content, and actions you post or take via the Platform & Services and their consequences.
If we are put on notice that your content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates these Terms, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content or posts from our platform. We comply with copyright laws.
We have discretion in enforcing these Terms. We may terminate or suspend your permission to use our Platform & Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the Platform & Services. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our Platform & Services.
6. YOUR CONTENT
You retain ownership of content you post in our platform.
The content you post as a user or coach remains yours. By posting content, you allow us to use and share it, but you do not lose any ownership rights you may have over your content. When you post content, comments, questions, reviews and when you submit to us ideas and suggestions for new features or improvements, you authorise us to use and share this content with anyone, distribute it and promote it on our platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the Platform & Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organisations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
7. USE AT YOUR OWN RISK
Like other platforms where people can post content and interact, some things can go wrong, and you use our Platform & Services at your own risk.
By using the Platform & Services, you may be exposed to content that you consider offensive, indecent, or objectionable. We have no responsibility to keep such content from you and no liability for your access or registration in any Program, to the extent permissible under applicable law. You acknowledge the inherent risks and nature of the Programs, and by registering in such Programs or services you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during, and after your registration in a Program.
When you interact directly with another user or a coach, you must be careful about the types of personal information that you share. While we restrict the types of information coaches may request from users, we do not control what users and coaches do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ coaches nor are we responsible or liable for any interactions involved between coaches and users. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of coaches or users.
When you use our Platform & Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
8. OUR RIGHTS
We own The Learning Tree Platform & Services, including the website, present or future services, and things like our logos, code, and content. You can’t tamper with those or use them without authorisation.
All right, title, and interest in and to The Learning Tree Platform & Services, including our website, our existing or future applications, API’s, our databases, and the content our employees or partners submit or provide through our Services are and will remain the exclusive property of The Learning Tree and its licensors. Our Platform & Services are protected by copyright, trademark, and other laws of both South Africa and foreign countries. Nothing gives you a right to use The Learning Tree name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding The Learning Tree or the Platform & Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using our Platform & Services:
- access, tamper with, or use non-public areas of the Website and Platform & Services (including content storage), our computer systems, or the technical delivery systems of our service providers.
- disable, interfere with, or try to circumvent any of the features of the Platform & Services or services related to security or probe, scan, or assess the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on our Platform & Services.
- access or search or attempt to access or search our Platform & Services by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API’ You may not scrape, spider, use a robot, or use other automated means of any kind to access the Platform & Services.
- in any way use the Platform & Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as The Learning Tree); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platform, or in any other manner interfering with or creating an undue burden on the Platform & Services.
9. MISCELLANEOUS LEGAL TERMS
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
9.1 Binding Agreement
You agree that by registering, accessing, or using our Platform & Services, you are agreeing that you can enter into a legally binding contract with The Learning Tree. If you do not agree to these Terms, do not register, access, or otherwise use our Platform & Services.
If you are a coach accepting these Terms and using our Platform & Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 3 (Registration and Access), 6 (Our Rights to Your Content), 7 (Using US at Your Own Risk), 8 (Our Rights), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
It may happen that our Platform & Services is down, either for planned maintenance or because something goes down with the site. It may happen that one of our coaches is making misleading statements in their posts. It may also happen that we encounter security issues. These are just examples.
You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Platform & Services and its content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Platform & Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Platform & Services. Your use of the Platform & Services (including any content) is entirely at your own risk. Some countries don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Platform & Services at any time and for any reason. Under no circumstances will we or our affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage, natural disaster, strike, electrical, internet, strikes or telecommunication outage; or government restrictions.
9.3 Limitation of Liability
There are risks inherent to using our Programs and Platform & Services, for example, if you register in a Program, and if things does not work out as you thought it will or you did not achieve the results you were hoping or what we suggested the Program will be able to deliver. You fully accept these risks, and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our Programs and Platform & Services.
In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product or service liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred Rands (R 100) or the amount you have paid us for a Program, before the event giving rise to your claims.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless The Learning Tree, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including attorney fees) arising from (a) the content you post or submit, (b) your use of a Program on the Platform & Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Platform & Services.
9.5 Governing Law and Jurisdiction
These Terms published from time to time pertaining our Platform & Services shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Use of the Platform & Services will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from these Terms pertaining to our Platform & Services.
9.6 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to email@example.com ).
9.7 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
9.8 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee, in the same way business owners or managers are not allowed to transfer their accounts to employees of their companies or any other person. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate automatically after 12 months.
10. DISPUTE RESOLUTION
If there’s a dispute, our Support Team is happy to help resolve the issue in the first instance, and thereafter by a senior executive of each party Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team. If that doesn’t work your options is through litigation or through arbitration.
If we can’t resolve our dispute amicably, you and we agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
A party electing arbitration must initiate proceedings by contacting the Arbitration Foundation of Southern Africa (AFSA) in accordance with the Arbitration Act of 2017. The arbitration proceedings shall be governed by the AFSA procedures. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.
Both parties hereby consent to the non-exclusive jurisdiction of the Durban Magistrates Court, 29 Somtseu Rd, Stamford Hill, Durban, 4025, South Africa for any claim in money. We shall be entitled to the award of legal costs in any litigation arising in terms of these Terms.
Notwithstanding the “Updating these Terms” section below, if we change this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing us written notice of such rejection by email from the email address associated with your Account to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated by the “last updated on” language above.
To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and The Learning Tree in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.
11. UPDATING THESE TERMS
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and we reserve the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Platform & Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Platform & Services after changes become effective, shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
12. HOW TO CONTACT US
If there is any question about these Terms, including or any other terms and conditions, please contact The Learning Tree by sending an email to email@example.com or use the “Contact Us” page.
Our address is https://learningtreeglobal.com, 2 Ncondo Place, Ridgeside, Umhlanga Ridge, Durban, 4329, South Africa.