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 18 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@ezlearninglive.co.za