Product Terms of Use

Date of issue: 7 April 2022

Revision: 5

1       GENERAL

These Product Terms of Use replace all previous Product Terms of Use or any other product or program terms and conditions and is effective from the issue date mentioned above.

THESE PRODUCT TERMS OF USE MUST BE READ WITH THE PRIVACY POLICY, AND BY ACCEPTING THESE PRODUCT TERMS OF USE, INDICATES THE USER’S AND USER’S CONSENT ALSO OF THE PRIVACY POLICY.

These Product Terms of Use form the Product Agreement between RAS Digital Marketing (Pty) Ltd (hereafter “RAS”) and the User.

2       INTERPRETATION

In these Product Terms of Use, unless clearly inconsistent with or otherwise indicated by the context, the following expressions bear the meanings set out hereunder:

  • “Account” means a profile linked to a registered User,
  • “Data message” means a data message as defined by the Electronic Communications and Transactions Act No. 25 of 2002, including but not limited to an email message,
  • “Electronic signature” shall mean an electronic signature as defined by the Electronic Communications and Transactions Act No. 25 of 2002,
  • “Personal Data” means personal data as defined in the Protection of Personal Information Act No.4 of 2013,
  • “RAS Platform” means an automated learning management system that delivers free or purchased products in the sequential format supplied by RAS for the customer’s benefit,
  • “Terms” means this Product of Use Terms with all its conditions, including the Privacy Policy,
  • “Third Party Services” means services provided by persons or entities other than RAS that are procured by RAS for the benefit of the User,
  • “User” means any person or entity that has access or who has purchased a product on the RAS Platform,
  • “Visitor” means any person or entity who browses or takes any action on any web page of the RAS website,
  • “Weekdays” means Mondays to Fridays and exclude Saturdays, Sundays, and Public Holidays.

3       RAS PLATFORM

The RAS website provides a complete cloud-based platform that includes assessments, short courses, and project-based programs which are available 24/7.

The RAS Platform is based on an automated project learning management system that delivers free or purchased products sequentially, that requires the User to complete activities that relate directly to the achievement of milestones.

If the activity is not completed and submitted to the requirements of RAS, the User will be requested to complete the activity until it satisfies all requirements before the system will allow the User to progress to the next milestone or Program.

If for an unknown reason the system disallows progress, the User should make RAS aware of the situation.

Take note that a typical response time on the RAS Platform from RAS is between 24 to 48 hours, during weekdays from 09:00 to16:00, excluding public holidays.

4       USER ACCOUNT

The person who signs up for a User Account must be at least 18 years of age to use the RAS Platform, and by using the RAS Platform or agreeing to these Terms, the person warrants and represents to RAS that the person is at least 18 years of age.

When setting up and maintaining the User Account, the User must provide and continue to provide accurate and complete information, including a valid email address.

The User may only have one User Account on the RAS Platform and is forbidden to create more accounts using other email addresses or impersonate a third party or use a VPN to hide the IP address to dishonestly get access to the RAS Platform.

The User may not transfer its Account to any other person or use another User’s Account and the User agrees that RAS will not intervene in disputes between the User and other Users who have shared account login credentials.

The User has complete responsibility for the User Account and everything that happens on the User Account, including any harm or damage caused by any person using the User’s Account without the User’s permission. This means the User needs to be careful with their password and keep it secret.

The User must notify RAS immediately upon learning that a third party may be using the User’s Account without the User’s permission (or if the User suspects any other breach of security) by contacting the RAS Support Team.

If the User contacts RAS to request access to an Account, RAS will not grant the User such access unless the User can provide RAS with the information that RAS need to prove the User is the owner of that Account.

In the event of the User’s death, the User Account will be closed if RAS is informed, and the RAS Privacy Policy will be applied in these circumstances.

If RAS discovers that the User has created an account that violates these rules, RAS will terminate the User’s Account, without any further responsibility to the User.

The User can terminate its User Account at any time, by first requesting its personal data, if the User needs it, and then deleting the User Account profile.

Once the User deleted the User profile, RAS will not be able to provide the User with any personal data.

The User must read the RAS Privacy Policy to understand what personal data means and how RAS deals with it in terms of the POPIA.

5       LICENSE AND ACCESS

RAS grants the User a limited, non-exclusive, non-transferable license to access and view and use the product and associated content for which the User has paid all required fees upfront, solely for the User’s personal and non-commercial purposes, under this Terms.

This license does not give the User any right to resell or make it available in any manner, including by sharing User Account information with friends, employees, another purchaser or illegally copying or downloading the product content and sharing it.

Once a product is purchased, the User will have access to the product for six (6) months from the date of purchase, whereafter access to the product will expire. To continue having access to the product the User must pay the required fees for an additional term of 6 months.

RAS reserve the right to revoke any license to access and use the RAS Platform at any point in time in the event where RAS decides or is obligated to disable access to the Platform due to a violation, legal or policy reasons.

6       PAYMENTS AND REFUNDS

Before purchasing a product, the User is responsible to determine whether the product is relevant and suitable and satisfies the User’s individual needs and requirements, through consideration of the information supplied on the RAS website, and by asking questions, if necessary.

6.1       PRICING

The price of the product is predetermined as indicated on the product page on the website.

The price for the product will be the price at the time the User completes the purchase during the checkout process.

The price offered for the product may also be different when the User is signed into the User Account from the price available to other Users or Visitors who are not signed in because some of the RAS promotions are available only to new Users or Visitors.

6.2       PAYMENTS

When the User makes a product purchase, the User agrees not to use an invalid or unauthorised payment method.

RAS uses a third party online payment system, to offer the User the most convenient payment method and to keep the User’s payment information secure.

The User agrees that the User purchases may be subject to foreign exchange fees or differences in prices based on location (e.g., exchange rates).

If the User’s payment method fails and the User still gets access to the product on the RAS Platform, the User agrees to pay RAS the corresponding fees within seven (7) days of notification from RAS.

The User can get a copy of the invoice through the third party online payment system. A receipt is emailed to the email provided in the User Profile on purchase.

6.3       GIFTS & PROMOTIONS

RAS may offer gift and promotional codes to Users, which then may be used to purchase a RAS nominated product on the RAS Platform, subject to these Terms.

These codes, as well as any promotional value linked to them, will expire if not used within the period specified and the User cannot request RAS to reissue the gift or promotional code if the User missed the gift or promotional opportunity.

Any gift and promotional code offered by RAS will not be refunded in cash.

The price for the product will be the price at the time the User completes the product purchase in the checkout process.

6.4       REFUNDS

If the product the User purchased did not deliver the intended outcomes as advertised, the User can request, within thirty (30) days of the purchase of the product, that RAS applies a refund to the User’s Account. The User acknowledges that to be considered for a refund, the User must submit evidence that the User completed the product as required and that the methods did not deliver the intended outcomes as advertised.

If the product the User previously purchased is disabled for legal or policy reasons, a refund beyond this thirty (30) day limit may be applied by RAS.

The User agrees that the amount paid for the product will be refunded in the currency purchased and based on the User’s original payment method.

The refund will be based on the amount the User paid for the product, excluding the fees the User incurred during the purchase.

The User acknowledges to be considered for a refund the User must inform RAS using the RAS Contact Us page, where after a form must be completed and sent back for refunding purposes. RAS reserve the right to deny the User a refund, based on the conditions mentioned above. If RAS bans the User Account or disables the User access to the RAS Platform due to the User’s violation of these Terms, the User will not be eligible to receive a refund.

7       USER CONDUCT

The User can only use RAS Digital Marketing for lawful purposes. The User is responsible for all the content that the User post on the RAS Platform.

The User should keep the reviews, questions, posts, and other content the User post in line with this Terms and the law and respect the intellectual property rights of others. If the User thinks someone is infringing the User’s copyright, let RAS know. RAS can ban the User Account for repeated or major offences.

The Users are only allowed to have one account, and if RAS discovers that the User attempted or created multiple accounts to get access, RAS could suspend, terminate, or ban the User from the RAS Platform and website at RAS’s discretion. This also means that RAS could remove all the User’s data from the RAS Platform, without informing the User.

The User acknowledges that the product is built on a sequential delivery format, meaning that the product sequence is controlled by the RAS Platform to ensure accurate delivery of the product, with its milestones, tasks, and activities.

The User agrees to submit all milestone activities as requested by the RAS Platform and that the activities satisfy the requirements of RAS when the submissions do not satisfy the requirements RAS will request the User to comply with the requirements before they can progress, even send the User back several steps to comply.

The User agrees that RAS will not attempt to change the sequence or remove the sequential delivery format to give the User randomly access to the RAS Platform content to suit the User’s personal needs.

The User’s use of the RAS Platform and the User behaviour must comply with these Terms and or the applicable local or international laws or regulations of South Africa. The User is solely responsible for the knowledge of and compliance with such laws and regulations that applies to the User regardless of location.

Further, the User agrees not to upload any content or technology (including information on encryption) whose export is specially controlled under the Technology and Communications Act of South Africa and other countries with similar legislation.

The User may not do any of the following while accessing or using the RAS website and RAS Platform:

  • access, tamper with, or use non-public areas of the Website and RAS Platform (including content storage), RAS computer systems, or the technical delivery systems of RAS service providers,
  • disable, interfere with, or try to circumvent any of the features of the RAS Platform or related to security or probe, scan, or assess the vulnerability of any of RAS systems,
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content in RAS Platform or website,
  • access or search or attempt to access or search RAS Platform by any means (automated or otherwise) other than through RAS’s currently available search functionalities that are provided via the RAS website, mobile apps, or API’s,
  • may not scrape, spider, use a robot, or use other automated means of any kind to access the RAS Platform,
  • in any way use the RAS Platform to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as RAS Digital Marketing); 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 RAS Platform, or in any other manner interfering with or creating an undue burden in the RAS Platform.

The User and RAS agree that RAS may access, store, process and use any information and personal data that the User provides under, the terms of the Privacy Policy and the User’s choices (including settings).

By submitting suggestions or other feedback regarding the Platform Products to RAS, the User agrees that RAS can use and share (but does not have to) such feedback for any purpose without compensation to the User.

The User agrees to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). The User also agrees that The User Profile information will be truthful. RAS may be required by law to remove certain information or content in certain countries.

8       USER CONTENT

The User retains ownership of the content the User post on the RAS Platform.

The RAS Platform enables the User to share and post their own content, with Coaches and other Users on the RAS Platform individually and in groups. The User retains all intellectual property rights and is responsible for the content that the User share.

RAS is not obligated to publish any User information or content on the RAS Platform and can remove any User information with or without notice.

The User also waives any rights of privacy, publicity, or other rights of a similar nature applicable to User Content, to the extent permissible under applicable law. The User represents and warrants that the User has all the rights, power, and authority necessary to authorise RAS to use any content that the User submits on the RAS Platform.

It is the User’s responsibility to ensure the proper protection of its intellectual property, and if the User’s intellectual property will be best protected by way of a trade secret, or the User has not filed for protection of the User’s protectable intellectual property, then non-disclosure may be essential protection. RAS cannot, and do not, guarantee that any intellectual property shared on the RAS Platform or otherwise through the website will not be used by other Users.

The User must not post or submit anything that does not belong to the User and the User must not submit any information if it is confidential.

If RAS is put on notice that the User Content violates the law or the rights of others (for example, if it is established that it violates the intellectual property or image rights of others or is about an illegal activity).

If RAS discovers that the User Content or behaviour violates this Terms, or if RAS believes the User content or behaviour is unlawful, inappropriate, or objectionable (for example if the User impersonates a third party), RAS may remove the User content or posts from the RAS Platform.

Take note that RAS complies with copyright laws.

RAS have discretion in enforcing these Terms. RAS may terminate or suspend the User’s permission to use the RAS Platform or ban the User Account at any time, with or without notice, for any or no reason, including for any violation of this Terms.

Upon any such termination, RAS may delete the User Account and content, and RAS may prevent the User from further access to the RAS Platform.

The User agrees that RAS will have no liability to the User or any third party for termination of the User Account, removal of the User Content, or blocking of the User access to the RAS Platform, and RAS will respect the RAS Privacy Policy concerning this matter.

9       USE AT THE USER’S OWN RISK

Like other platforms where people can post content and interact, some things can go wrong, and the User uses the RAS Platform at the User’s own risk.

By using the RAS Platform, the User may be exposed to content that the User considers offensive, indecent, or objectionable. RAS have no responsibility to keep such content from the User and no liability for the User’s access to the RAS Platform to the extent permissible under applicable law.

The User acknowledges the inherent risks and nature of the RAS Platform and by purchasing a product the User chooses to assume those risks voluntarily. The User assumes full responsibility for the choices the User makes before, during, and after the User joined the RAS Platform or purchase a product.

When the User interacts directly with another User, the User must be careful about the types of personal information that the User share. RAS does not control what Users do with the information they obtain from other Users on the RAS Platform.

The User should not share its personal email or other personal information about the User for the User’s safety. RAS is not responsible or liable for any interactions between Users. RAS are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Users.

When the User uses the RAS Platform, the User will find links to other websites that RAS do not own or control. RAS is not responsible for the content or any other aspect of these third party sites, including their collection of information about the User. The User should also read their terms and conditions and privacy policies.

10   RAS’s RIGHTS

RAS own the RAS Digital Marketing RAS Platform and website, present or future products and services, and things like RAS logos, code, and content. The User cannot tamper with those or use them without authorisation.

All right, titles and interests in and to the RAS Platform, including the RAS website, RAS existing or future applications, databases, and the content RAS employees or third party suppliers submit or provide through the RAS website are and will remain the exclusive property of RAS.

The RAS Platform is protected by copyright and other laws of both South Africa. Nothing gives the User the right to use the RAS name or any of RAS trademarks, logos, domain names, and other distinctive brand features.

Any feedback, comments, or suggestions the User may provide regarding the RAS Platform or website is entirely voluntary and RAS will be free to use such feedback, comments, or suggestions as RAS see fit and without any obligation to the User.

RAS has the right to limit how you connect and interact on our RAS Platform.

RAS reserves the right to limit your use of the products in the RAS Platform, including the number of your connections and your ability to contact other Users.

RAS reserves the right to restrict, suspend, or terminate your account if you breach this Product Agreement or the law or are misusing the products

11   BINDING AGREEMENT

The User agrees by signing up, accessing, or using the RAS Platform, that the User can enter a legally binding contract with RAS. If the User does not agree to these Terms, do not signup, access, or otherwise use the RAS Platform. If the User has already signed up, then the User should delete its User Profile immediately.

These Terms (including any agreements and policies linked to these Terms) constitute the Product Agreement between the User and RAS.

If any part of this 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 this Terms will continue in effect.

Even if RAS is delayed in exercising its rights or fails to exercise a right in one case, it does not mean RAS waive its rights under these Terms, and RAS may decide to enforce them in the future. If RAS decide to waive any of its rights in a particular instance, it does not mean RAS waive its rights generally or in the future.

12   LIMITATION OF LIABILITY

There are risks inherent to using the RAS Platform if the User signed up to the RAS Platform, and if things do not work out as the User anticipated or the User did not achieve the results the User was hoping for or what RAS suggested product will be able to deliver. The User fully accepts these risks, and the User agrees that the User will have no recourse to seek damages even if the User suffers loss or damage from using the product.

RAS and its affiliates, suppliers and agents will not be liable for any indirect, incidental, punitive, or consequential damage (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product, or service liability or otherwise and even if RAS has been advised of the possibility of damages in advance.

RAS and its affiliates, suppliers and agents will not be liable to the User in connection with this Agreement for any amount that exceeds (a) the total fees paid or payable by the User for the products during the term of this agreement, if any, or (b) US $ 500.

13   INDEMNIFICATION

If the User behaves in a way, that gets RAS in legal trouble, RAS may exercise legal recourse against the User. The User agrees to indemnify, defend (if RAS so request), and hold harmless RAS Digital Marketing’s, officers, directors, employees, affiliates, suppliers, and agents against any third party claims, demands, losses, damages, or expenses (including attorney fees) arising from:

  • the content the User post or submit,
  • the User’s use of the RAS Platform,
  • the User violation of these Terms, or
  • the User’s violation of any rights of a third party.

The User’s indemnification obligation will survive the termination of this Terms and the User’s use of the RAS Platform.

14   GOVERNING LAW AND JURISDICTION

These Terms published from time to time about the RAS Platform shall be governed and interpreted under the laws of the Republic of South Africa.

The use of the RAS Platform will constitute the User’s 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 these Terms about the RAS Platform.

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by RAS to the email associated with the User Account.

16   RELATIONSHIP BETWEEN US

Both parties agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

17   NO ASSIGNMENT

The User may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if the User signed up for a User Account as an employee of a company, the User Account cannot be transferred to another employee, in the same way, business owners or managers are not allowed to transfer their Accounts to employees of their companies or any other person.

RAS may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in this Terms confers any right, benefit, or remedy on any third-party person or entity. The User agrees that the User Account is non-transferable and that all rights to the User Account and other rights under this Terms terminate when access to the RAS Platform terminates for whatever reason.

18   DISPUTE RESOLUTION

If there is a dispute, the RAS Support Team is happy to help resolve the issue in the first instance, and thereafter by a senior executive of each party.

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting the RAS Support Team. If that does not work the User’s option is through a lawsuit or arbitration.

18.1   ARBITRATION

If RAS cannot resolve the dispute amicably, the User and RAS agree to resolve any claims related to these Terms through final and binding arbitration, regardless of the type of claim or legal theory. Either party can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

A party electing arbitration must initiate proceedings by contacting the Arbitration Foundation of Southern Africa (AFSA) under the Arbitration Act of 2017. The arbitration proceedings shall be governed by the AFSA procedures. The User and RAS agree that the following rules will apply to the proceedings:

  • the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief),
  • the arbitration must not involve any personal appearance by the parties or witnesses (unless RAS and the User agree otherwise), and
  • any judgment on the arbitrator’s rendered award may be entered in any court with the competent authority.

Both parties hereby consent to the non-exclusive authority of the Cape Town Magistrates Court, Parade Street, Cape Town, 8000, South Africa for any claim in money. RAS shall be entitled to the award of legal costs in any lawsuit arising in terms of these Terms.

19   UPDATING THESE TERMS

From time to time, RAS may update these Terms to clarify RAS practices or to reflect new or different practices (such as when RAS add new features), and RAS reserve the right in its sole discretion to modify and/or make changes to these Terms at any time.

If RAS make any material change, RAS will notify the User using prominent means, such as by email notice sent to the email address specified in the User Account or by posting a notice through the RAS Platform. Revisions will become effective on the day they are posted unless stated otherwise.

The User continued use of the RAS Platform after changes become effective shall mean that the User accepts those changes. Any revised Terms shall supersede all previous Terms.

20   HOW TO CONTACT US

If there is any question about these Terms, including any other terms and conditions, please contact The Learning Tree by sending an email to info@rasdigitalmarketing.com or using the “Contact Us” page. RAS address is 2 Ncondo Place, Ridgeside, Umhlanga Ridge, Durban, 4329, South Africa.