These Terms and Conditions (hereafter “Terms”) were last updated on 1 December 2018.
1. About Us
The Learning Tree’s mission is to provide online business solutions, and coaching services, helping business leaders to learn how to start and grow their businesses becoming more successful while creating wealth for all its stakeholders.
We enable business partners who are experts in their fields to create and provide online business solutions to our business community members to overcome their challenges. We consider our business model the best way to offer our business communities with valuable services. We need rules to keep The Learning Tree website and platform (hereafter, “Website and Platform”) safe for our employees, business partners and most importantly our members. These Terms apply to all your activities on The Learning Tree Website and Platform which includes the website, our mobile applications, our APIs and other related services.
These Terms form the agreement between The Learning Tree Pty (Ltd), (hereafter; “us”; “our”; “we”) and our Affiliates, Business Partners, Users (hereafter; “you”; “your”; “member”).
2. Membership Account
Members need an account for most activities on our platform. Keep your password somewhere safe, because you are responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use our Website and Platform.
Members need a member account to purchase a business solution or to submit a business solution for publication. 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 without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a business partner or member, the account of that business partner or member will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and we will not intervene in disputes between members or business partners 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.
Members must be at least 18 years of age to create an account on our Website and Platform. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you register for the business solutions that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account. Under our Business Partner Agreement, you may be requested to verify your identity before you are authorised to submit a business solution for publication on The Learning Tree.
2.1. 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 subscription you MUST follow the below steps; by only unsubscribing from your 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 cannot claim a refund once it is claimed by us.
2.2. Suspension of Membership Account
- suspend your membership account
- cancel your membership account; and/or
- edit your membership account details, and
at any time at our sole discretion without notice or explanation.
3. Business Solution and Lifetime Access
When members register for a business solution, you get a license from us to view it via our Website and Platform and no other use. Do not try to transfer or resell our business solutions in any way. We grant you a lifetime access license, except when we must disable the business solution because of legal or policy reasons.
Under our Business Partner Agreement, and when business partners publish a business solution on our Website and Platform, they grant The Learning Tree a license to offer a license of the business solution to applicable members. This means that we have the right to sub license the business solution to the members who register for the business solution. As a member, when you register in a business solution, whether it is a free or paid business solution, you are getting from The Learning Tree a license to view the business solution via our Website and Platform, and The Learning Tree is the licensor of record. Business solutions are licensed, and not sold, to members. This license does not give members any right to resell the business solution in any manner (including by sharing account information with a purchaser or illegally downloading the business solution and sharing it on torrent sites).
In legal, more complete terms, we grant you (as a member) a limited, non-exclusive, non-transferable license to access and view and participate in the business solutions and associated content for which you have paid all required fees, solely for your personal, non- commercial, learning purposes through the Website and Platform, in accordance with these Terms and any conditions or restrictions associated with a particular business solutions or feature of our Website and Platform. 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, sub license, or otherwise transfer or use any business solution unless we give you explicit permission to do so in a written agreement signed by a The Learning Tree authorised representative. This also applies to content you can access via any of our APIs.
We give a lifetime access license to our members when they register for a business solution. However, we reserve the right to revoke any license to access and use of the business solutions at any point in time in the event where we decide or are obligated to disable access to a business solution due to legal or policy reasons, for example, if the business solution you registered in is the object of a copyright complaint, or if we determine its content violates our Terms. The lifetime access is not applicable to add-on features and services associated with a business solution and may be disabled by business partners at any time.
Business partners may not grant licenses to their business solutions to members 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 are not happy with your business solution, The Learning Tree offers a 30-day refund or credit for most business solution purchases.
The prices of business solutions on The Learning Tree are determined based on the terms of the Business Partner Agreement and our Pricing and Promotions Policy. In some instances, the price of a business solution offered on our website may not be the same as the price offered on our mobile applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.
We regularly run promotions and sales for our business solutions and certain business solutions are only available at discounted prices for a set period. The price applicable to a business solution will be the price at the time you complete your purchase of the business solution (at checkout). Any price offered for a specific business solution may also be different when you are logged into your account from the price available to members who are not registered or logged in, because some of our promotions are available to new members only.
If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable members to see pricing in other currencies.
If you are a member located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.
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 business solution you are registering in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any business solution for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next business solution purchase on our website but cannot be used for purchases in our mobile applications. Credits may expire if not used within the specified period and have no cash value.
4.3. Payment Gateway
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 acknowledges that you pay the price you see, which is in Rands (ZAR).
You accept that credit or debit cards are required to pay for products or services via PayFast who the approved payment gateway for us are. This means that we cannot capture your banking details but PayFast which is residing in South Africa. After checkout, you will be redirected to PayFast where only the credit or debit 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 your credit or debit card in accordance with the frequency, billing date and number of payments (cycles) given. For further understanding, 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, which incurs additional fees, 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.
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.
4.4. Refunds and Credits
If the business solution you purchased is not what you were expecting, you can request, within 30 days of your purchase of the business solution, that The Learning Tree credit / refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your business solution (website or mobile). No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.
As detailed in the Business Partner Agreement, business partners agree that members have the right to receive these credits or refunds.
Your refund will be paid back into the billing account which your payment/s were received from, you are required to ensure that we have the correct account information for this to happen, otherwise you forfeit your refund.
At our discretion, if we believe you are abusing our credit / refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a business solution due to your violation of these Terms, you will not be eligible to receive any credit or refund.
5. Content and Behaviour Rules
You can only use The Learning Tree for lawful purposes. You are responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, business solutions and other content you upload in line with our Governance & Ethics Policy and the law and respect the intellectual property rights of others. We can ban your account for repeated or major offences. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Platform and Services or create an account for unlawful purposes. Your use of the Website and Platform and your behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a member, the Website and Platform enable you to ask questions to the business partners and their experts related to the business solutions you are registered for, and to post reviews of the business solutions. For certain business solutions, the business partner invites you to submit content as part of the business solution. Do not post or submit anything that is not yours.
If you are a business partner, you can submit business solutions for publication on the platform and you can also communicate with the members who have registered in your business solution. In both cases, you must abide by our Governance and Ethics Policy the law and respect the rights of others: you cannot post any business solution, question, answer, review, or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any business solutions, content, and actions you publish or post or participate in via the Website and Platform and their consequences. Make sure you understand all the copyright restrictions set forth in the Business Partner Agreement before you submit any business solution for publication on The Learning Tree.
If we are put on notice that your business solution or 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 our Governance & Ethics Policy, 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 from our platform. The Learning Tree complies with copyright laws. Check out our Intellectual Property Policy for more details.
The Learning Tree has discretion in enforcing these Terms and our Governance & Ethics Policy. We may terminate or suspend your permission to use our Website and Platform or ban your account at any time, with or without notice, 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. Upon any such termination we may delete your account and content, and we may prevent you from further access to the Website and Platform. Your content may still be available on the platforms even if your account is terminated or suspended. 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 and Services.
If one of our business partners has published a business solution that infringes your copyright or trademark rights, please let us know. Under our Business Partner Agreement, we require our business partners to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.
6. The Learning Tree Rights to Content You Publish or Post
You retain ownership of content you publish or post to our platform, including your business solutions. We share your content to anyone through any media, including promoting it via advertising on other websites.
The content you publish or post as a business partner or member remains yours. By posting business solutions and other content, you allow The Learning Tree to reuse and share it, but you do not lose any ownership rights you may have over your content. If you are a business partner, be sure to understand the business solution licensing terms that are detailed in the Business Partner Agreement.
When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorise The Learning Tree to use and share this content with anyone, distribute it and promote it on any 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, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub license) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content 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 The Learning Tree for the syndication, broadcast, distribution, or publication of content on other media. 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. Using The Learning Tree at Your Own Risk
Only people with business expertise can use The Learning Tree to create and publish business solutions and we enable business partners and members to interact to learn and development and implement such business solutions. Like other platforms where people can post content and interact, some things can go wrong, and you use The Learning Tree at your own risk.
Our Platform Model means we do not review or edit the business solutions for legal purposes, and we are not able to determine the legality or expertise of business solutions published or posted. We do not exercise any editorial control over the business solutions that are available on the Website and Platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the business solutions. If you as a member register for a business solution, you rely on any information provided by an expert at your own risk.
By using the Website and Platform, you may be exposed to content that you consider offensive, indecent, or objectionable. The Learning Tree has no responsibility to keep such content from you and no liability for your access or registration in any business solution, to the extent permissible under applicable law. This also applies to any so called advise for business solutions relating to business performance, safety, health, wellness, financial and legal aspects. You acknowledge the inherent risks, impacts and dangers in the strenuous nature of these types of business solutions, and by registering in such business solutions, you choose to assume those risks voluntarily, including risk of business performance, financial, illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your registration in a business solution and its implementation.
When you interact directly with a member or a business partner, you must be careful about the types of personal information that you share. We do not control what members and business partners do with the information they obtain from other members on the Website and Platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ business partners nor are we responsible or liable for any interactions involved between business partners and members. 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 business partners or members.
When you use our Website and Platform, you will find links to other websites that we do not 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. The Learning Tree Rights
We own The Learning Tree Website and Platform, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You cannot tamper with those or use them without authorisation.
In legal terms, all rights, title, and interest in and to The Learning Tree Website and Platform, including our website, our existing or future applications, our APIs, databases, and the content, our employees or service providers submit or provide through our Website and Platform (excluding content published or posted by business partners and members) are and will remain the exclusive property of The Learning Tree and its licencors. Our Website and Platform 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 its trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding The Learning Tree or the Website and Platform 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 The Learning Tree Website and Platform:
- access, tamper with, or use non-public areas of the platform, The Learning Tree’s technology and information management systems, or the technical delivery systems of The Learning Tree’s service providers
- disable, interfere with, or try to circumvent any of the features of the Website and Platform related to security or probe, scan, or test 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 The Learning Tree Website and Platform
- access or search or attempt to access or search our Website and Platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Platform and Services
- in any way use the Website and Platform 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 Website and Platform, or in any other manner interfering with or creating an undue burden on the Website and Platform
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 Website and Platform, you are agreeing to 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 Website and Platform.
If you are a business partner or member accepting these Terms and using our Website and Platform on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are a business partner, the Business Partner Agreement and the Pricing and Promotions Policy).
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 does not 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 does not mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 3 (Business Solution and Lifetime Access), 6 (The Learning Tree Rights to Content You Publish or Post), 7 (Using The Learning Tree at Your Own Risk), 7 (The Learning Tree’s Rights), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).
It may happen that our Website and Platform are down, either for planned maintenance or because something goes down with the site. It may happen that one of our business partners is making misleading statements in their business solution. 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 Learning Tree Website and Platform and the 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 Website and Platform or the 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 the use of the Website and Platform. Your use of the Website and Platform (including any content) is entirely at your own risk.
We may decide to cease making available certain features of the Website and Platform at any time and for any reason. Under no circumstances will The Learning Tree or its 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 the Website and Platform or any other services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
9.3. Limitation of Liability
There are risks inherent into using our Website and Platform, for example, if you register in any of our business solutions it will have an impact on your personally as well as your business. 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 Website and Platform.
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 services 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 in in one (1) month before the event giving rise to your claims. Some authorities do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
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 reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Website and Platform (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 Website and Platform.
9.5. Governing Law and Authority
All terms and conditions or policies published from time to time pertaining The Learning Tree or this website shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Use of the Website and Platform will constitute your consent and submission to the authority 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.
Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive authority and venue of the KwaZulu-Natal Division of the High Court of South Africa in Pietermaritzburg, KwaZulu Natal, South Africa.
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.
Any notice or other communication to be given here under 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 firstname.lastname@example.org).
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 Transfers of Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered a member account as an employee of a company, your account cannot be transferred to another employee. 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 member account is non-transferable and that all rights to your member account and other rights under these Terms terminate upon your death.
10. Dispute Resolution
If there is a dispute, our Support Team is happy to help resolve the issue. If that does not work and you live in the South Africa, the Alternative Dispute Resolution or ADR will be used to settle the case outside of court. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.
Notwithstanding the “Updating these Terms” section below, if The Learning Tree changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing The Learning Tree with written notice of such rejection by email or hand delivery to the address on our Contact Us page within 30 days of the date such change became effective, as indicated by the “last updated on” the top part of the page. 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 The Learning Tree reserves 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 member account or by posting a notice through our Website and Platform. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Website and Platform after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
12. Contact Us
If you have any question about this Terms and Conditions, please contact us by sending an email to email@example.com or use the Contact us page.
Our address is www.learningtree.co.za, 2 Ncondo Place, Ridgeside, Umhlanga Ridge, Durban, 4320, KwaZulu Natal, South Africa.