Terms of use

TERMS OF USE

This page sets out the general terms and conditions of access to and use of the Services.

1. ACCEPTANCE OF AGREEMENT

1.1 The Services are owned and operated by EZLearninglive. Certain terms and expressions that are used in these Terms of Use have the meanings set out in the Dictionary at the end of the Terms of Use or elsewhere in this Agreement.

1.2 Your use of the Services in any manner, including by visiting, accessing, browsing or linking to the Services or by using any other feature, tools or elements provided by us within the Services, is subject to and conditional upon your acceptance and compliance with the terms, conditions, policies, notices and disclaimers contained in these Terms of Use and elsewhere on the Services. Your use of the Services in any manner constitutes your unconditional acceptance of agreement to be bound by the Agreement (which includes these Terms of Use). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Services.

1.3 If you are using any of the Services for or on behalf of a company or other legal entity or organisation, you represent and warrant that you are authorised to enter into this Agreement and any other agreement on behalf of that company or other legal entity or organisation, and that all provisions of the Agreement will bind that company or other legal entity or organisation.

2. ADDITIONAL TERMS AND POLICIES

2.1 The features, tools and elements of the Services that allow users to enrol and participate in any Course(s):

(a) are accessible only to users with an active account; and

(b) are subject to additional policies, terms, conditions and/or agreements that apply in addition to these Terms of Use, as provided to the user prior to use of the relevant Services (including the terms and policies described in clause 2.2).

2.2 It is important to read, understand and comply with all our additional policies, terms, conditions and/or agreements as they provide the rules for using the relevant Services. Our additional policies and terms (including all policies and terms referenced in them) are incorporated in and form part of this Agreement, and includes without limitation, our Privacy Policy and Client & Learner Policy (each of which are provided to the relevant users for acceptance before using the relevant Services).

3. ACCESSIBILITY

3.1 The Services may be accessed and used, without limitation, by:

 (a) users who have created an account in order to use any of the features, tools or elements of the Services that are available only to account-holders.

3.2 When you create an account, you must provide current, complete and accurate information, and you must maintain and promptly update your information so that it is true, accurate, current and complete at all times. EZLearninglive shall have no liability to you (or any third party) arising from or in connection with your failure to maintain and update your information, including, but not limited to, any claim, loss or damage from your failure to receive information about the Services.

3.3 You are responsible for maintaining control over access to your account (including the confidentiality of your password). You are also responsible for any and all activities that occur under your account, whether authorised by you or not, and you must notify EZLearninglive immediately of any suspected, threatened or actual unauthorised use of your account or any other breach of security. EZLearninglive will not be liable for any claim, loss or damage arising as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by EZLearninglive or a third party due to your conduct or someone else using your account or password.

3.4 The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 13 must at all times use EZLearninglive's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 13 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

3.5 We may make changes to the Services from time to time, including without limitation, the availability of tools or features; how long, how much or how often any given tool or feature may be used; and feature dependencies upon other services or software. We will provide you with prior notice before removing any material feature or functionality of the Services, unless security, legal, or system performance considerations require an expedited modification or removal.

4. USE OF THE SERVICES

4.1 You are solely responsible for your use (including your conduct and activities) of the Services. When using the Services, you must not:

(a) copy, reproduce, modify, create derivative works from, distribute or publicly display the Services or any EZLearninglive Content, or any content provided by a third party, except to the extent permitted by law, or with the prior written consent of EZLearninglive or the appropriate third party (as applicable);

 (b) infringe any applicable laws or regulations, or the rights of EZLearninglive or any third party;

 (c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

 (d) take any action that imposes, or may impose, in EZLearninglive’s sole discretion, an unreasonable or disproportionately large load on EZLearninglive’s infrastructure;

(e) use the Services in any manner that could damage, disable, overburden, or impair the Services or any network or other infrastructure used by or connected to EZLearninglive;

(f) interfere or attempt to interfere with the proper working of the Services, any other party's use and enjoyment of the Services, or any activities conducted on, or in connection with, any of the Services;

(g) bypass any robot exclusion headers or other measures EZLearninglive may use to prevent or restrict access to EZLearninglive; or

(h) gain, or attempt to gain, unauthorised access to any areas of the Services, other accounts, or any systems, networks or infrastructure used by or connected to EZLearninglive.

4.2 You must immediately notify us and any relevant authorities if you become aware of any use of the Services that is, or is likely to be, illegal or threatening to the health or safety of any person.

5. PAYMENTS AND CURRENCIES

5.1  The Service is billed in advance on a monthly or annual basis. There will be no refunds or credits for partial months of service. Regarding annual subscriptions, cancellation is allowed only within the first 3 months of the subscription with the respective refund being the paid amount pertaining to the residual unused months of the annual subscription, discounted by a cancellation fee of 10% to compensate for our payment providers' fees and administration overhead. In order to treat everyone equally, no exceptions will be made.

5.2  All fees are inclusive of all taxes..

Cancellation and Termination

5.3  You are solely responsible for properly cancelling your account. 

5.4  If you cancel the Service before the end of your current paid up month, your cancellation will take effect by the end of your current paid month and you will not be charged again.

5.5  EZLearninglive, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time and without prior notice in case of

(a) fraudulent, criminal, grossly  negligent, wilful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or

(b) demonstrated usage negatively impacting the performance of the Service and/or

(c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.

Modifications to the Service and Prices

5.6  Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.

5.7  EZLearninglive shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

6. REVIEWS, COMMENTS AND COMMUNICATIONS

6.1 Where the Services permit, users may post reviews, comments, and other content; send communications and submit suggestions, ideas, comments, questions, or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, and provided that such use and content complies with the Agreement.

6.2 EZLearninglive reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. EZLearninglive takes no responsibility and assumes no liability for any content posted by you or any third party.

6.3 If you post any content or submit any other material, you grant EZLearninglive a nonexclusive, worldwide, royalty-free, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute, and publically display such content or other material throughout the world in any media. You grant EZLearninglive and its sublicensees the right to use the name that you submit in connection with such content or other material, if they choose. You acknowledge and agree that you are not entitled to any compensation or reimbursement of any kind from EZLearninglive in connection with any use described in this paragraph.

7. DISCLAIMER AND LIMITATION OF LIABILITY

7.1 The Services, the website and all content on the Services are provided "as is", “as available” and on a "with all faults" basis, without warranties of any kind either express or implied..

7.2 Without limiting any other provision of the Agreement, EZLearninglive makes no representation or warranty about:

(a) the results that may be obtained from the use of the Services,

(b) uninterrupted, timely, secure, error-free

7.3 To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.

7.4 While it is EZLearninglive's intention for the Services to be available as much as possible, there will be occasions when all or part of the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

7.5 You acknowledge and agree that in no event shall EZLearninglive or any EZLearninglive Affiliates be liable in any way, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

(a) any claim, loss or damage, which may be incurred by you as a result of, or in connection with your use of, the Services;

(b) any special, indirect, incidental or consequential loss or damages (including, without limitation, legal fees); or

(c) any direct or indirect loss or damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with your access to, use of, or inability to access or use any of the Services, or performance of software, documents, provision of or failure to provide Services, or information available from the Services,

whether or not EZLearninglive or any EZLearninglive Affiliates have been advised of the possibility of such losses or damages arising.

8. INTELLECTUAL PROPERTY NOTICE

8.1 Except where expressly provided otherwise in the Agreement, you do not have any right, title or interest in or to any proprietary rights relating to the Services or the EZLearninglive Content.

8.2 EZLearninglive and any other product or service name or slogan or logo contained in the Services are trademarks of EZLearninglive and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of EZLearninglive or the applicable trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with EZLearninglive or the applicable trademark holder.

8.3 In addition, the look and feel of the Services (including all page headers, custom graphics, button icons and scripts) is the service mark, trademark and/or trade dress of EZLearninglive and may not be copied, imitated or used (in whole or in part) without EZLearninglive's prior written permission. Reference to any products, services, processes or other information, by trade name, trademark or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EZLearninglive.

8.4 Nothing contained on the Services should be construed as being any licence or right of use of any trade mark displayed on the Services.

9. LINKING TO THE SERVICES

9.1 Any link to the Services and its associated webpages must:

(a) be a text link and must otherwise comply with the Agreement and any linking guidelines or brand use guidelines that are published by EZLearninglive or provided to you from time to time;

(b) not, in EZLearninglive's opinion deceive or mislead, nor suggest any relationship, endorsement or sponsorship between your site and the Services;

(c) not replicate any EZLearninglive Content (including any EZLearninglive logo), without the express written consent of EZLearninglive;

(d) not misrepresent your relationship with EZLearninglive and must not present false or misleading information about EZLearninglive or any Services;

(e) not contain content that could be construed as distasteful, offensive or controversial.

9.2 The link must be made in good faith, and must not in EZLearninglive’s reasonable opinion cause the EZLearninglive brand or any EZLearninglive trade mark to be viewed in a negative or potentially negative light and the link must not frame the Services.

9.3 No other linking is permitted unless it is the subject of a separate specific written agreement between you and EZLearninglive. EZLearninglive reserves the right to withdraw linking permission without notice.

10. GENERAL

10.1 The Services and any information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject EZLearninglive to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction at any time.

10.2 EZLearninglive may, in its sole discretion, refuse to offer access to or use of any of the Services to any person or entity and change its eligibility criteria at any time.

10.3 If EZLearninglive is partially or wholly precluded from complying with its obligations under this Agreement by any event, matter or circumstance that is beyond its reasonable control, then EZLearninglive’s obligation to perform will be suspended for the duration of the delay arising out of the event, matter or circumstance.

10.4 You agree that if EZLearninglive does not exercise or enforce any legal right or remedy contained in this Agreement (or which EZLearninglive has the benefit of under any applicable law), this will not operate as a waiver of EZLearninglive's rights and that those rights or remedies will still be available to EZLearninglive.

10.5 We may amend or replace these Terms of Use at any time by posting the amended or replacement terms on the EZLearninglive website or in the Services. The revised version will be effective immediately at the time we post it. Please check these Terms of Use periodically for changes. Your continued use of any of the Services after posting of the changes constitutes your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing user on the earlier of: (a) the date you accept it; and (b) 30 days after the material changes are initially posted to the EZLearninglive website or elsewhere in the Services.

10.6 You agree that you will receive all notices required under the Agreement electronically, by any means reasonably nominated by EZLearninglive from time to time, including without limitation by email, or by means of a banner message or other notice posted within the Services. Alternatively, notice may consist of an email from EZLearninglive to an email address associated with your account. We may also give you notice by mail to the address provided by you during the registration process. Any notices to EZLearninglive must be given by registered ordinary post In such case, notice will be deemed given three days after the date of mailing. All dealings, correspondence and contacts between us must be made or conducted in the English language.

10.7 If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision which will be severed and the remaining provisions will continue in full force and effect.

10.8 You must not assign, transfer, charge, sub-contract, or otherwise deal with all or any of your rights and/or obligations under the Agreement. EZLearninglive may assign, transfer, novate the Agreement (in whole or in part), sub-contract any of its obligations under the Agreement, or otherwise deal with the benefit of, or a right under, the Agreement, to any other person without obtaining your consent.

10.9 Nothing in the Agreement creates, or will be deemed to constitute, a partnership, joint-venture, agency or fiduciary relationship between you and us.

10.10 This Agreement may be executed in multiple counterparts and by electronic means. You acknowledge that in entering into this Agreement you have not relied on any representation or warranties about its subject matter except as expressly provided in this Agreement.

10.11 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

10.12 No person who is not a party to the Agreement shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to the Agreement its assent to any such term.

10.13 This Agreement (and all non-contractual obligations arising out of or connected to this Agreement) is governed by and construed in accordance with the laws of South Africa. Both parties submit to the non-exclusive jurisdiction of the courts of South Africa and the courts of appeal from them.

11. Dictionary

In these Terms of Use, unless the context otherwise requires:

Agreement means these Terms of Use, the Privacy Policy, and any additional policies, terms, conditions and/or agreements provided by us in connection with the Services and which are accepted by you in the course of using any of the Services.

Client means any person, entity or organisation that has been granted a licence or other right to access or use any Course(s), whether for their own use or for use by a third party.

Course means an educational, training or other information or instructional-based course or program offered through the Services.

Learner means any person who enrols, purchases access to, or otherwise participates in, any Course(s).

Services means the EZLearninglive website(s) and the related domains, websites, mobile device properties, applications, tools, software, functionality, methodologies, services and capability associated with the learning management system that is operated and maintained by EZLearninglive and made available to you as set out in this Agreement.

EZLearninglive Affiliate means in relation EZLearninglive, its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by, EZLearninglive.

You or your means any person visiting, accessing or using the Services, and includes and company or other legal entity or organisation as set out in clause 1.3.

Questions about the Terms of Service should be sent to: info@ezlearnignlive.co.za