Important Notice:

If you were directed to this page, you are required to read through the following policies and terms and conditions, before accepting it.

  • Website Terms and Conditions
  • Privacy & Cookie Policy
  • Online Coaching Program Terms and Conditions

If you have any questions, please do not hesitate to contact us at the Support Centre creating a ticket by clicking here and we will respond to you, before you accept the terms and conditions for payment purposes.

Revision: 4

Date of issue: 1 October 2016

Introduction

This Terms & Conditions replaces all previous Website Terms & Conditions, and is effective from the issue date mentioned above.

THE WEBSITE TERMS AND CONDITIONS MUST BE READ WITH THE, PRIVACY & COOKIE POLICY AND ONLINE COACHING TERMS AND CONDITIONS, AND BY ACCEPTING THE TERMS AND CONDITIONS PAGE WHEN REQUIRED, INDICATES YOUR ACCEPTANCE OF THE PRIVACY & COOKIE POLICY, WEBSITE TERMS AND CONDITIONS AND THE ONLINE COACHING TERMS AND CONDITIONS PAGES.

These terms and conditions form the agreement between The Learning Tree Pty (Ltd), (“us” “our” “we”) and our Clients (“you” “your”). This agreement commences when you purchase any product or service and continues until cancellation or termination is made in accordance with these terms and conditions.

We may update these terms and conditions from time to time, so we recommend that you re-visit this page to stay informed of any changes that are made. Any changes to our terms and conditions will only apply to new clients purchasing products and services.

The headings in these terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms and conditions.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must exit immediately and not use our website.

You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age, and that you are a resident of South Africa.

Our website uses cookies and by using the website or agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of our privacy policy.

Definitions

In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:

  • “Billing Period” – means the period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Subscription Service for a one (1) year Initial Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
  • “Contact” – means a single client / customer, prospect, lead, or other individual (other than a User) whose contact information is stored by you in the website database.
  • “Contact Information” means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to our landing pages on the subscription service or uploaded by us to the website database.
  • “Claim” – includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise;
  • “Client” – refers to the individual, natural person or business entity purchasing products and services form our website;
  • “Confidential Information” – information provided by or on behalf of a party (discloser) to the other party or any of its representatives (recipient) in relation to the products or services;
  • “Confirmation email” is the first email the client receives, that indicates that a product or service was purchased, with a receipt;
  • “Intellectual Property” – trademarks, trade names, domain names, logos, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;
  • “Law” – any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law;
  • “Membership” – refers to a client becoming a member of a when a subscription was purchased;
  • “Representative” – an authorised person who is to represent us our you;
  • “Online Platform” – the online learning and development or coaching platform provided by The Learning Tree as set out in this and other terms and conditions, as amended from time to time;
  • “Order Form” or “Order” means the 2Checkout approved form or online subscription process by which you agree to subscribe to the subscription or other products or services. Most orders are completed through our online payment process or via in-app purchase;
  • “Payment” – the amount payable by the client for any product or service is published on our website;
  • “Privacy Policy” – refers to The Learning Tree privacy policy published on the website, as amended from time to time;
  • “Recurring Billing” – refers to, when a merchant automatically charges a cardholder for specified goods or services on a prearranged schedule. Recurring billing requires the merchant to get the cardholder’s permission one time up front, then continues until the cardholder withdraws permission, by cancellation or termination;
  • “Site Visit” or “Visit” means interaction with our website by a single visitor in a single session;
  • “Subscription Fee” means the amount you pay for the subscription service;
  • “Fixed Term Subscription” – means a subscription have a definitive start and ending date which will be communicated in the purchase and is applicable during Beta Testing.
  • “Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the subscription service;
  • “Third-Party Sites” means third-party websites linked from within the website or subscription service, including communications services;
  • “Users” means the client, contractors or affiliated agents who are authorized to use the subscription service for our benefit and have unique user identifications and passwords for the subscription service.

Subscription Terms

Monthly Product Subscription:

  • Your monthly subscription for our coaching subscription programs will start when we confirm your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your membership account. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your membership account prior to the end of your current subscription term.

Annual Product Subscription:

  • Your annual subscription with us will start when we confirm your payment and will continue for a period of one year. Annual subscriptions purchased on our web store are billed monthly in twelve equal payments. When you purchase an annual subscription, auto-renew is automatically selected in your membership account. At the end of the annual subscription period, we will sign you up and bill you for an additional subscription term of one year. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your membership account prior to the end of your current subscription term.

Membership Account

In order to fully participate in the coaching programs with its coaching sessions, you will be allowed to create a membership account once you have purchased your coaching program subscription, that will provide you with access to your own personal dashboard with your own coaching sessions.

To be eligible to become a member, you must be at least 18 years of age and resident in South Africa.

User Names & Passwords

If you purchase courses or a coaching program subscription, you will be asked to create a username and password using a working email address which belongs to you, which will be used to communicate with you.

Providing a nonworking email address will result in not receiving your receipt and coaching emails from your coach.

You must keep your password confidential and you must notify us in writing immediately if you become aware of any unauthorised use of your account or disclosure of your password.

You accept that we will request that passwords are changed from time to time to ensure security of our online platform as well as your account.

You are responsible for any unauthorised activity on our website arising out of any failure to keep your password confidential, and you may be held liable for any losses arising out of such a failure.

Your Licence to Use

You may:

  • view pages from our website in a web browser;
  • download pages from our website for caching in a web browser;
  • print pages from our website;
  • stream audio and video files from our website; and
  • Use our website services by means of a web browser,

which is subject to the other provisions of these terms and conditions.

Except as expressly permitted in the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer, or send it to another IP.

You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

Unless you own or control the relevant rights in the material, you must not:

  • republish material from our website including republication on another website;
  • sell, rent or sub-license material from our website;
  • show any material from our website in public;
  • exploit material from our website for a commercial purpose; or
  • redistribute material from our website.

Notwithstanding the previous section, you may redistribute product or services content in print and electronic form to any person or business entity to support our marketing efforts.

We reserve the right to restrict access to areas of our website, or indeed for our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable Use

You must not:

  • use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
  • use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
  • use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  • conduct any systematic or automated data collection activities including without limitation scraping, data mining, data extraction and data harvesting on or in relation to our website without our express written consent;
  • access or otherwise interact with our website using any robot, spider or other automated means;
  • violate the directives set out in the robots.txt file for our website; or
  • use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

You must not use data collected from our website to contact individuals, companies or other persons or entities.

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

Your Content Licence

In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to our website for storage or publication on, processing by, or transmission via, our website.

You grant to us a worldwide, irreversible, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media of this website and any successor website.

You grant to us the right to sub-license the rights licensed and grant to us the right to bring an action for infringement of the rights licensed in this terms and conditions.

You hereby waive all your rights in terms of your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in its content have been waived to the maximum extent permitted by applicable law.

Without prejudice to us, other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublished or edit any or all of your content.

Your Content Rules

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person in each case in any jurisdiction and under any applicable law.

Your content, and the use of your content by us is in accordance with these terms and conditions, and must not:

  • be unfounded or maliciously false;
  • be obscene or indecent;
  • infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  • infringe any right of confidence, right of privacy or right under data protection legislation;
  • constitute negligent advice or contain any negligent statement;
  • constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  • be in contempt of any court, or in breach of any court order;
  • be in breach of racial or religious hatred or discrimination legislation;
  • be blasphemous;
  • be in breach of official secrets legislation;
  • be in breach of any contractual obligation owed to any person;
  • show violence in an explicit, graphic or gratuitous manner;
  • be pornographic, vulgar, suggestive or sexually explicit;
  • be untrue, false, inaccurate or misleading;
  • consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
  • constitute spam;
  • be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
  • cause annoyance, inconvenience or needless anxiety to any person.

Your Security Compliance

We make every effort to ensure the security and integrity of your account, and we make use of sophisticated systems to accomplish this. You understand however, that there is a compromise made between the extent of these security systems and the inconvenience to you as a user.

You understand that security still relies heavily on the use of a username and a strong password and undertake to contact us at once if you believe that your username and password have been compromised, or if someone has transferred or may transfer information from your account without your permission.

We strongly suggest that you use a web browser with 128-bit encryption or better. However, regardless of whether you use a web browser with security features or not, we are unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.

You acknowledge that phishing is a form of fraud where criminals attempt to access your confidential information. This is done by an email request for information, by luring you to a fake website or some other such means. In any case of phishing, we will respond as quickly as possible to alert users to the threat or to mitigate the threat if we are made aware of it. No guarantee is given to this action and we will not be held liable for any funds lost as a result of you falling prey to a phishing attack. It is your responsibility to be aware of such potential threats, to avoid them and to report them to us upon discovery, using this email address.

Payment

You must be at least 18 years old and a resident of South Africa, to be eligible to purchase and use our products and services.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. The transaction currency is South African Rand (ZAR) and acknowledge that you pay the price you see, which is in Rands.

You accept that credit or debit cards is required to pay for products or services via PayFast who are the approved payment gateway for us. This means that we do not capture your banking details but PayFast which is residing in South Africa. After checkout, you will redirected to PayFast where only the credit card payment option will be available. After a successful first payment there is no need for you to make any further manual payments for the subscription. The recurring amount will be deducted from their credit card in accordance with the frequency, billing date and number of payments (cycles) given. For further understanding, you may go to the PayFast website to view their security certificate and security policy.

EFT’s are available for business entities, and individuals who want to pay based on an invoice, and you accept that this is a manual system, and that you should contact us for our banking details and that the product or service will only be available when the monies are cleared in our account.

For further understanding, you may go to the PayFast website to view their security certificate and security policy.

If there are not sufficient funds in your credit or debit card your subscription is immediately cancelled and you will not have access to your membership account.

Cooling Off

Despite our rights by law, we offer a cooling period of 5 days from the date of purchase, where you have the option to cancel your purchase and get a 100 % refund.

You agree that once you decided to cancel or terminate your subscription to send us an email to info@learningtree.co.za with your reasons of cancelling your subscription.

Cancellation or Termination

You can cancel or terminate your membership at any time, but you are not entitled to a refund if your payment was already claimed by us.

To cancel or terminate your membership subscription you MUST follow the below steps; by only unsubscribing from your coaching email, you received from us, will NOT cancel or terminate your subscription; you MUST follow these steps below to cancel or terminate your subscription:

  • Log in to your membership account;
  • Click membership cancel;
  • Click Cancel your subscription.

If you do not comply with abovementioned, prior to the billing of your credit or debit card the next payment will go off as scheduled, and you can’t claim a refund once its claimed by us.

In terms of the cooling off period, your refund will be paid back into the billing account which your payment/s were received from, within 14 days of purchase; you are required to ensure that we have the correct account information for this to happen, otherwise you forfeit your refund.

Suspension of Account

We may:

  • suspend your membership account;
  • cancel your membership account; and/or
  • edit your membership account details;
  • at any time at our sole discretion without notice or explanation.

The online coaching subscription is currently under beta testing and it will be terminated automatically by us, 5 days after you received the final coaching task email. 

Limited Warranties

We do not warrant or represent:

  • the completeness or accuracy of the information published on our website;
  • that the material on the website is up to date; or
  • that the website or any service on the website will remain available.

We reserve the right to discontinue or alter any or all of our products and service on our website, and to stop publishing our website, at any time in our sole discretion without notice or explanation; you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any products or services on our website, or if we stop publishing the website.

To the maximum extent permitted by applicable law and subject to above mentioned section, we exclude all representations and warranties relating to these terms and conditions, our website and the use of our website.

Limitations and Exclusions of Liability

Nothing in a contract under these terms and conditions will:

  • limit or exclude any liability for death or personal injury resulting from negligence;
  • limit or exclude any liability for fraud or fraudulent misrepresentation;
  • limit any liabilities in any way that is not permitted under applicable law; or
  • exclude any liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this section and elsewhere in a contract under these terms and conditions:

  • govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort including negligence and for breach of statutory duty, except to the extent expressly provided otherwise in that contract;
  • to the extent that our website and the information, products and services are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

You accept that we have an interest in limiting the personal liability of our affiliates, suppliers, partners, officers and employees and, having regard to that interest, you acknowledge that  our business is  a private limited liability entity; you agree that you will not bring any claim personally against our affiliates, suppliers, partners, officers or employees in respect of any losses the you suffered or could suffer in connection with the website or these terms and conditions and this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our affiliates, suppliers, partners, officers and employees.

Disclaimer

To the maximum extent permitted by Law, you acknowledge and agree that:

  • we do not warrant or guarantee any outcomes, or the suitability of, our products or services for any purpose;
  • any advice or other information provided by us is not to be taken as legal, financial or insurance advice, and you will:
    • seek independent legal, financial or insurance advice from a suitably qualified advisor or institution, and will ensure that you seek such advice, before implementing or applying any of the advice or information provided by us; and
    • indemnify us from and against any loss or damage arising as a result of your failure to obtain independent legal, financial or insurance advice.

The information in all e-mail messages (document and attachments) sent by us, is confidential and may be legally privileged.

The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete the email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, or take any action, nor make any copies thereof.

Internet communications cannot be guaranteed to be secure or error-free. We do not accept liability for any errors or omissions in the contents or timing of messages which arise as a result of email transmission.

Also take note that emails can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will we or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.

No employee is authorised to conclude a binding agreement on behalf of The Learning Tree by email without the express written confirmation of our representative. Nothing contained in the said email shall be construed as a legally binding agreement or an offer to contract.

You also agree that when we receive email communications from your email address, that it represents you as the client, and to not impersonate anybody else.

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website and services from the date of publication of the revised terms and conditions on the website and you hereby waive any right you may otherwise have to be notified of, or to consent to revisions of these terms and conditions.

Failure or delay by us to exercise any of its rights will not be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this agreement or prejudice the right to take subsequent action against the you.

Third Party Rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Applicable Law

The terms and conditions pertaining this website shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Use of the website 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 any of these terms and conditions pertaining to this website.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision of the terms and conditions will continue in effect.

Entire agreement

Subject to these terms and conditions, together with our privacy policy and the online coaching terms and conditions, shall constitute the entire agreement between you and us in relation to your use of our products and services on our website and shall supersede all previous agreements between you and us in relation to your use of our website.

Intellectual Property

We retain the right to all intellectual property (whether registered or not) that is created by us, and you agree not to disclose, sell or deal with our materials in any way other than in accordance with these terms and conditions.

Privacy

This terms and conditions is subject to the terms of the privacy policy; we will only collect personal information from you for the purpose of:

  • providing the products and services;
  • to the extent permitted by law, notifying you of other services provided by us and other parties which may be of interest to you (subject to your right to opt out of such communications); or
  • providing information to you, we believe may be useful or relevant to your business having regard to your acquisition of the coaching program subscription.

You give, us permission to collect and store any personal details and other information provided by you in connection with our website, products and services, in accordance with the privacy policy.

Support Desk

Our website is available 24/7 and you can purchase products or services as required. However, the service support desk will only be available during office hours, excluding public holidays. (CAT. Monday to Friday, 08:00 – 16:00).

If you experience a problem with a product or service, a support ticket could be logged in the Support Desk after hours, (or during day time) by clicking on this link and response could be expected the following day if it’s after hours.

If you have not sign up with our Support Desk, please signup first by clicking here.

Issue Date: 1 October 2016

Revision: 4

Introduction

This Privacy & Cookie Policy replaces all previous Privacy & Cookie Policies, and is effective as per the issue date mentioned above.

THE POLICY & COOKIE POLICY MUST BE READ WITH THE, WEBSITE TERMS AND CONDITIONS AND ONLINE COACHING TERMS AND CONDITIONS, AND BY ACCEPTING THE TERMS AND CONDITIONS PAGE WHEN REQUIRED, INDICATES YOUR ACCEPTANCE OF THE PRIVACY & COOKIE POLICY, WEBSITE TERMS AND CONDITIONS AND THE ONLINE COACHING TERMS AND CONDITIONS PAGES.

The Learning Tree provides this Privacy Policy to inform the User regarding the collection; use and disclosure of personal information.

This policy governs the relationship between The Learning Tree (Pty) Ltd, here after (“us”, “we”), and the visitor, subscriber or user hereinafter (“you”, “your”).

Collection of Personal Information

In the course of using this website, you may provide us with personally identifiable information. This refers to information about the you that can be used to contact or identify you, and information on your activities at the website that may be connected with the your “Personal Information”.

Personal Information that we collect may include, but is not limited to, the name, surname and email address.

When the you visit the website, our  server automatically record information that your browser sends whenever you visit a website. This information may include, but is not limited to, the your computer’s Internet Protocol (IP) address, browser type, the web page you was visiting before the you came to our website and information your search for on our website.

Like many websites, we, use “cookies” to collect information. A cookie is a small data file that our server transfers to your computer’s hard disk for record-keeping purposes. If your browser is set to accept cookies automatically the cookie will be installed on your browsers.

We may use “persistent cookies” to save your username and login password for future login’s to our website, and we use “session ID cookies” to enable certain features of our website, to better understand how you interact with our website and to monitor aggregate usage and web traffic routing on our website.

You can instruct your browser, by changing its options, to stop accepting cookies or to prompt the you before accepting a cookie from the websites you visit. If you do not accept cookies, however, the you may not be able to use all the functionalities of our website.

We do not have access to any banking information that you supply when you buy a product or service. We make use  PayFast a South AFrican based company which handles all banking information and our merchant account.

How We Use Personal Information

Personal Information is or may be used for the following purposes:

  • To provide and improve our websites features and content;
  • To administer your use of our website;
  • To enable you to enjoy and easily navigate our website;
  • To better understand your needs and interests;
  • To fulfil requests you may make;
  • To personalize your user experience with our website;
  • To announce and offer updates of products and service;
  • To provide you with further information and offers from us and or third parties that we believe you may find useful or interesting, including newsletters, marketing or promotional information or emails.

We use information the website obtains by technical means (such as the automatic recording performed by the website server or through the use of cookies) for the above purposes and in order to monitor and analyse the use of the website and service, for the website’s technical administration.

To increase the website’s functionality and user-friendliness, to better tailor it to your needs, to generate and derive useful data and information concerning the interests, characteristics and your behaviour on our website, and to verify that visitors to the website meet the criteria required to process their requests.

You should be aware that when you are on our website, you could be directed to other sites that are beyond our control. These other sites may send their own cookies to you to collect data or solicit personal information and do not control the privacy policies of the other sites.

Keep in mind that whenever the you give out personal information online – for example, via message boards or chat – that information can be collected and used by people you don’t know. While we strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online and you disclose this information at their own risk.

Information Sharing and Disclosure

We may request you from time to time, to update your account profiles with additional information. This information is used by us, to better understand your needs, and to direct you from a product or service point of view.

We will display your personal information in your user account profile elsewhere on the website according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you.

We recommend that you guard your anonymity and sensitive information, and encourage you to think carefully about what information about yourself you want to disclose in your user account profile.

You can review and revise your user account profile information at any time.

Third Party Service Providers

We use third party services and hosting partners to provide the necessary hardware, and software on our behalf, including but not limited to data storage, networking, maintenance services, database management, web analytics, payment processing, and other related technology required to effectively run our website.

These third parties may have access to your personal information only for purposes of performing these tasks on our behalf. These third party providers have separate and independent privacy and cookie policies. We therefore have no responsibility or liability for the content and activities of these service provider sites. Nonetheless, we seek to protect the integrity of our website and welcome any feedback about these sites.

 Laws and Law Enforcement

We may cooperate with government and law enforcement officials and private parties to enforce and comply with the law.

We will disclose information about you to government or law enforcement officials or private parties, as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal requests (including but not limited to subpoenas), to protect the property and rights of our or a third party, or to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable.

Business Transfers

We may sell, transfer or otherwise share some or all of its assets, including your personal information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

You may review, update, correct or delete your personal information provided in your user account profile by changing your user’s account settings.

Security

We are very concerned with safeguarding your information and employs reasonable measures designed to protect your personal information from unauthorized access.

Contacting US

If you have any questions about this Privacy and Cookie Policy, please contact us by sending an email to info@learningtree.co.za or contact us creating ticket in the Support Desk Our address is www.learningtree.co.za, 201 Beacon Rock, 21 Lighthouse Road, Umhlanga Rocks, KwaZulu Natal, 4320, South Africa.

Revision: 1

Date of issue: 1 October 2016

Introduction

This Terms & Conditions is effective from the issue date mentioned above.

THE ONLINE COACHING TERMS AND CONDITIONS MUST BE READ WITH THE, PRIVACY & COOKIE POLICY AND WEBSITE TERMS & CONDITIONS, AND BY ACCEPTING THE TERMS AND CONDITIONS WHEN REQUIRED, INDICATES YOUR ACCEPTANCE OF THE PRIVACY & COOKIE POLICY, WEBSITE TERMS AND CONDITIONS AND THE ONLINE COACHING TERMS AND CONDITIONS PAGES.

These terms and conditions form the agreement between The Learning Tree Pty (Ltd), (“us” “our” “we”) and our Clients (“you” “your”). This agreement commences when you purchase an online coaching program and continues until cancellation or termination is made in accordance with these terms and conditions. We may update these terms and conditions from time to time, so we recommend that you re-visit this page to stay informed of any changes that are made. Any changes to our terms and conditions will only apply to new clients purchasing an online coaching program.

We have a series of five coaching programs available to “Get you Started”. The programs consist of various coaching tasks each with its own coaching sessions. The following online coaching programs are available and they are purchased separately:

  • Entrepreneur Capability Coaching Program;
  • Ideas and Business Opportunity Coaching Program;
  • Business Model Coaching Program;
  • Business Plan Coaching Program;
  • Business Launch Coaching Program.

The headings in these terms and conditions are provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms and conditions.

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must exit immediately and not use our website.

You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age, and that you are a resident of South Africa.

Our website uses cookies and by using the website or agreeing to these terms and conditions, you consent to the use of cookies in accordance with the terms of our privacy policy.

Definitions

In these Terms and Conditions, unless the contrary intention appears, the following words have the following meanings:

  • “Claim” – includes any allegation, action, demand, cause of action, suit or proceeding, howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at Law, in equity, under statute or otherwise;
  • “Client” – refers to the individual, natural person or business entity purchasing a coaching program subscription or any product or service;
  • “Coach” – is the individual nominated by our representative to assist the client with his coaching subscription;
  • “Coaching Subscription” –  is ongoing email coaching tasks with its sessions or subscription with automatically recurring billing system, that assist the client to achieve their personal and business objectives as determined by the coaching program;
  • “Coaching” – the provision and pacing of coaching emails, online coaching sessions and tasks to assist the client in achieving the objectives of the coaching program;
  • “Coaching Session” is the provision of coaching tasks to achieve a certain coaching objective utilising videos, audios, downloadable worksheets at a pre- designated time and date, as determined by the coaching program;
  • “Coaching emails” – is ongoing emails sent by a coach with clear instructions how to direct the learning and approach of the coaching sessions;
  • “Confidential Information” – information provided by or on behalf of a party (discloser) to the other party or any of its representatives (recipient) in relation to the coaching program;
  • “Confirmation email” is the first email the client receives, that indicates that a coaching program subscription was purchased, with a receipt;
  • “Intellectual Property” – trademarks, trade names, domain names, logos, patents, inventions, registered and unregistered design rights, copyrights, circuit layout rights, and all similar rights in any part of the world (including know-how) including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations;
  • “Law” – any law, regulation, authorisation, ruling, judgment, order or decree of any government agency and any statute, regulation, proclamation, ordinance or by-law;
  • “Membership” – refers to a client becoming a member of a certain coaching program based on the purchase of a subscription that provides them access to the online coaching program;
  • “Representative” – an authorised person who are appointed to represent us our you;
  • “Online Platform” – the online coaching platform provided by The Learning Tree as set out in this and other terms and conditions, as amended from time to time;
  • “Payment” – the amount payable by the client for the coaching program, product or services published on our website;
  • “Privacy Policy” – refers to The Learning Tree privacy policy published on the website, as amended from time to time;
  • “Recurring Billing” – refers to, when a merchant automatically charges a cardholder for specified goods or services on a prearranged schedule. Recurring billing requires the merchant to get the cardholder’s permission one time up front, then continues until the cardholder withdraws permission, by cancellation or termination.

Coaching Program Subscription

The coaching program is delivered through series of mails and coaching sessions on our cedar coaching platform. This means that the coach communicates tasks by email, where after you are directed to our online cedar coaching platform, for your coaching sessions. As you complete your coaching task, may contact the coach for support and feedback.

Based on the way we deliver our coaching program, you accept that there is no direct communication through a landline, mobile or electronic voice system. If you want to discuss an issue directly with a coach you will have to make a booking for an online coaching meeting, where you will be charged at the rate of R 800.00 per hour.

The coaching subscription is and will remain available to you as long as you pay your monthly subscription fees as determined by the fee you have paid when you signed on for a specific program. Any upgrades will be charged a different price as set out by our pricing structure.

The duration of the coaching program is normally three months and longer, and is regulated by the program you purchase.

Coaching Process

Once we received your payment for the coaching program subscription, you will be contacted by email, where you will receive you’re your receipt, and further instructions, how to start the coaching process.

After you made contact with us, a coach which is assigned to a specific coaching program will make contact with you to introduce him / her to you, and where you have a chance to introduce yourself and to update your profile, which the coach will use to understand your need better.

The follow up email provides you with a self-assessment, which assess you’re your basic computer skills, readiness to create more focus in your life and future business, and if you are ready to grow personally and professionally.

The subsequent coaching task emails will direct you to the online coaching platform where your coaching sessions, will be made available to you according to the coaching program schedule. The coaching platform provides you with your own personal dashboard for all you coaching sessions.

You could expect at least one coaching task per week, and you have the opportunity to send two emails to the coach and you can expect that your coach will respond in 48 hours to you.

The coaching sessions consist of videos with instructions, how to complete the required worksheets. Other information could be made available on your dashboard as well.

You may upload your documents which you have completed during the coaching program for evaluation by the coach. Any upload which requires an evaluation with feedback will incur additional costs, as per our pricing structure at that specific time.

Membership Account

In order to fully participate in the coaching programs with its coaching sessions, you will be allowed to create a membership account once you have purchased your coaching program subscription, that will provide you with access to your own personal dashboard with your own coaching sessions.

To be eligible to become a member, you must be at least 18 years of age and resident in South Africa.

You must not allow any other person to use your account to access the coaching programs.

User Names & Passwords

If you purchase a coaching program subscription, you will be asked to create a username and password using a working email address which belongs to you, which will be used to communicate with you. Providing a non working email address will result in not receiving your receipt and coaching emails from your coach.

You must keep your password confidential and you must notify us in writing immediately if you become aware of any unauthorised use of your account or disclosure of your password.

You accept that we will request that passwords are changed from time to time to ensure security of our online platform as well as your account.

You are responsible for any unauthorised activity on our website arising out of any failure to keep your password confidential, and you may be held liable for any losses arising out of such a failure.

 Roles & Responsibilities

The role of the coach is to program the coaching sessions and assist you in achieving the objectives of each coaching session. The coach is not your teacher, but rather a person helping you to achieve your personal and business goals and objectives.

The coach agrees to:

  • Analyse the assessment concerning your level of computer access, computer skills and commitment towards the coaching process, and to provide you with brief feedback concerning the findings and recommendations.
  • Commits him / her to hold you accountable to achieve your coaching session objectives as far as practically possible.
  • Respond to a maximum of 2 emails within 24 hours, which relates to the coaching session, where he/she will attempt to respond to your questions, share ideas, and attempt to provide you with additional support where necessary.

You agree that you:

  • Got access to a computer or smartphone, linked to the internet, to access your membership account successfully.
  • Are able to utilise browsers i.e. Google, Yahoo, Safari, Opera etc. internet searches, web emails, personal email system i.e. Gmail, Outlook, downloading files, word processing documents i.e. MS Excel, MSWord, Google Docs, Google Drive etc.
  • Will complete the coaching session’s, with its coaching tasks diligently prior to the next coaching email, for your next coaching session, that includes the worksheets, or other practical tasks as required.
  • Will forward your questions, suggestion, ideas to the coach by email as requested by the coaching email from your coach, at least 48 hours before the next coaching session.
  • Accept full responsibility for yourself and any actions taken that might result from the coaching.

Disclaimer

To the maximum extent permitted by Law, you acknowledge and agrees that:

  • we do not warrant or guarantee any outcomes, or the suitability of, the coaching program for any purpose;
  • any advice or other information provided by us is not to be taken as legal, financial or insurance advice, and the you will:
  • seek independent legal, financial or insurance advice from a suitably qualified advisor or institution, and will ensure that each you seek such advice, before implementing or applying any of the advice or information provided by us; and
  • indemnify us from and against any loss or damage arising as a result of your failure to obtain independent legal, financial or insurance advice.

The information in all email messages (document and attachments) sent by us, are deemed confidential and may be legally privileged.

The information transmitted is intended only for the person(s) or entity to which it is addressed. If you are not the intended recipient(s), please notify the sender immediately and then delete the email (document and attachments). Do not disclose the contents of this email (document and attachments) to any other person, or take any action, nor make any copies thereof.

Internet communications cannot be guaranteed to be secure or error-free. We do not accept liability for any errors or omissions in the contents or timing of messages which arise as a result of email transmission.

Also take note that emails can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will we be liable to anyone for any indirect, special, consequential or direct damages arising from the transmission of email messages, the opening of email messages and their attachments, or any use thereof whatsoever.

No employee is authorised to conclude a binding agreement on behalf of The Learning Tree Pty (Ltd) by email without the express written confirmation of our representative. Nothing contained in the said email shall be construed as a legally binding agreement or an offer to contract.

You also agree that when we receive email communications from your email address, that it represents you as the client, and nobody else.

Payment

You must be at least 18 years old and a resident of South Africa, to be eligible to purchase and use our coaching program.

The coaching program is based on a subscription payment process and is automatically recurring on a monthly basis on the date you have purchased the coaching program, until the you cancel or terminate it.

You accept that we use a recurring subscription payment process based on the price available at the time of purchase. These fees are available on the website and may change from time to time.

You accept that credit or debit cards is required to pay for products or services via PayFast who are the approved payment gateway for us. This means that we do not capture your banking details but PayFast which is residing in South Africa.

EFT’s are available for business entities, and individuals who want to pay based on an invoice, and you accept that this is a manual system, and that you should contact us for our banking details and that the product or service will only be available when the monies are cleared in our account.

For further understanding, you may go to the PayFast website to view their security certificate and security policy.

If there are not sufficient funds in your credit or debit card your subscription is immediately cancelled and you will not have access to your membership account.

 Cooling Off

Despite our rights by law, we offer a cooling period of 5 days from the date of purchase, where you have the option to cancel your purchase and get a 100 % refund.

You agree that once you decided to cancel or terminate your subscription to send us an email to info@learningtree.co.za with your reasons of cancelling your subscription.

 Cancellation or Termination

You can cancel or terminate your membership at any time, but you are not entitled to a refund if your payment was already claimed by us.

To cancel or terminate your membership subscription you MUST follow the below steps; by only unsubscribing from your coaching email, you received from us, will NOT cancel or terminate your subscription; you MUST follow these steps below to cancel or terminate your subscription:

  • Log in to your membership account;
  • Click membership cancel;
  • Click Cancel your subscription.

If you do not comply with abovementioned, prior to the billing of your credit or debit card the next payment will go off as scheduled, and you can’t claim a refund once its claimed by us.

In terms of the cooling off period, your refund will be paid back into the billing account which your payment/s were received from, within 14 days of purchase; you are required to ensure that we have the correct account information for this to happen, otherwise you forfeit your refund.

Suspension of Account

We may:

  • suspend your membership account;
  • cancel your membership account; and/or
  • edit your membership account details;
  • at any time at our sole discretion without notice or explanation.

The online coaching subscription is currently under beta testing and it will be terminated automatically by us, 5 days after you received the final coaching task email. 

Variation

We may revise these terms and conditions from time to time.

The revised terms and conditions shall apply to the use of our website and services from the date of publication of the revised terms and conditions on the website and you hereby waive any right you may otherwise have to be notified of, or to consent to revisions of these terms and conditions.

Failure or delay by us to exercise any of its rights will not be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part of this agreement or prejudice the right to take subsequent action against the you.

Third Party Rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

Applicable Law

The Terms & Conditions pertaining this website shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

Use of the website 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 any of the terms and conditions pertaining to this website.

Intellectual Property

You acknowledge and agrees that we will retain ownership of all intellectual property created as a result of or in connection with the coaching program subscription.

Privacy

These terms and conditions is subject to the terms of the privacy policy; we will only collect personal information from you for the purpose of:

  • providing the coaching program subscription;
  • to the extent permitted by law, notifying you of other services provided by us and other parties which may be of interest to you (subject to your right to opt out of such communications); or
  • providing information to you, we believe may be useful or relevant to your business having regard to your acquisition of the coaching program subscription.

You give, us permission to collect and store any personal details and other information provided by you in connection with the coaching program, in accordance with the privacy policy.

Confidential Information

Subject to our privacy policy, you acknowledge and agree that you will give us written consent to disclose or use any additional information, that relates to your business affairs or operating process, but excludes information that is already known by us, or is in or becomes in the public domain other than through a breach of these terms and conditions.

Support Centre

The website is available 24/7 and you can purchase products as required. However, the service support will only be available during office hours, excluding public holidays. (CAT. Monday to Friday, 08:00 – 16:00).

If you experience a problem with the product, a support ticket could be logged in the Support Centre after hours, (or during day time) by clicking on this link and response could be expected the following day.

If you have not sign up with our Support Centre, please signup first by clicking here, by using the same email address and password which you used for your subscription.

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