Date of issue: 10 September 2021
This Program Terms and Conditions replace all previous Program Terms and Conditions and is effective from the date mentioned above.
This Program Terms and Conditions (hereafter the “Terms”) forms the Agreement between RAS Digital Marketing (Pty)Ltd, (hereafter “us”, “our” “we”) and the Client or User (hereafter “you”, “your”, “yours”).
The headings in this Terms are provided for convenience and ease of reference only and will not be used to interpret, modify, or amplify this Program Terms.
2. PROGRAM PLATFORM
The RAS Digital Marketing Website provides a complete cloud-based program platform hereafter the (“Program Platform”) that includes a tasked based program with an integrated coaching system hereafter the (“Program”) to entrepreneurs and existing marketing agencies to assist in the start-up or growth of their agencies as outlined in these Terms.
Additionally, RAS Digital Marketing is also a provider of a full suite of digital marketing management services as described on our website. The services are governed under the Service Terms and Conditions which could be found here.
By using our Program Platform, you accept these Terms in full, and if you disagree with these Terms or any part, you must exit immediately and not use our Program Platform.
You must be at least 18 years of age to use our Program Platform, and by using our Program Platform or agreeing to these Terms, you warrant and represent to us that you are at least 18 years of age.
You need an Account to purchase, register and access our Program Platform. 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. If you contact us to request access to an Account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that Account. In the event of your death, your Account will be closed if we are informed and the POPIA will be applied in these circumstances.
You may not share your Account login credentials with anyone else. You are responsible for what happens with your Account, and we will not intervene in disputes between you and other Users who have shared Account login credentials.
If we discover that you have created an Account that violates these rules, we will terminate your Account.
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.
4. REGISTRATION AND ACCESS
When you register for the Program whether it’s free or paid you are getting a license from us to participate in the Program Platform, and we are the licensor of record.
The Program Platform with all its content is licensed, and not sold, to you. This license does not give you any right to resell or make it available in any manner (including by sharing Account information with, friends, employees, a purchaser or illegally downloading the Program content and sharing it on torrent sites).
In legal, more complete terms, we grant you a limited, non-exclusive, non-transferable license to access and view and participate in the Program Platform and associated content for which you have paid all required fees upfront, solely for your personal and non-commercial purposes, in accordance with these Terms or any other terms and conditions or restrictions associated with the features of the Program 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, sublicense, or otherwise transfer or use any of our Program Platform content unless we give you explicit permission to do so in a written agreement signed by our authorised representative.
We give you an access license when you register on the Program Platform as outlined in these Terms. However, we reserve the right to revoke any license to access and use of the Program Platform at any point in time in the event where we decide or are obligated to disable access to the Platform due to legal or policy reasons.
Before registering for the Program, you are responsible for satisfying yourself as to the relevance and suitability of the of the Program for your individual requirements, through consideration of the information supplied through our website, and asking questions, if necessary.
5. PAYMENTS AND REFUNDS
When you make a payment, you agree to use a valid payment method. If you aren’t happy with the Program, we offer a 14-day refund for the Program purchase. There is no refund on any Coaching Services.
The price of the Program is predetermined as indicated in the Program product page on the website.
We regularly run promotions for our Program that are only available at discounted prices for a set period. The price for the Program will be the price at the time you complete your purchase of the Program (at checkout). Any price offered for the Program may also be different when you are logged into your Account from the price available to anyone else who isn’t registered or logged in because some of our promotions are available only to new Users.
When you make a Program purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the Program Platform you are registered for, you agree to pay us the corresponding fees within seven (7) days of notification from us. We reserve the right to disable access to Platform for which we have not received payment.
If the Program you purchased is not what you were expecting, you can request, within 14 days of your purchase of the Program, that we apply a refund to your Account.
We reserve the right to apply your refund to your original payment method, at our discretion, depending on the capabilities of our payment processing partners. No refund is due to you if you request it after the 14-day guarantee time limit has passed. However, if the Program you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 14-day limit. We also reserve the right to refund you beyond the 14-day limit in cases of suspected or confirmed Account fraud.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of the Program that you want to refund, we reserve the right to deny your refund, ban your Account, and/or restrict all future use of the Program Platform. If we ban your Account or disable your access to the Program Platform due to your violation of these Terms, you will not be eligible to receive a refund.
5.4 GIFT AND PROMOTIONAL CODES
We may offer gift and promotional codes to Users, which then may be used to purchase the Program, subject to this Terms.
These codes, as well as any promotional value linked to them, will expire if not used within the period specified in your Account. Gift and promotional codes offered by us will not be refunded for cash unless otherwise specified in this Terms included with your codes or as required by applicable law.
6. YOUR CONDUCT
You can only use RAS Digital Marketing for lawful purposes. You’re responsible for all the content that you post on the Program Platform. You should keep the reviews, questions, posts, and other content you post in line with these Terms 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, let us know.
You may not access or use the Program Platform or create an Account for unlawful purposes. Your use of the Program Platform and your behaviour must comply with the applicable local or national laws or regulations of South Africa. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
The Program is built on a sequential delivery format, meaning that any Program sequence is controlled by the Program Platform to ensure project delivery and implementation effectiveness and for the enjoyment by all who use the Program Platform. You agree that we will not change the sequence or remove the sequential delivery format to give you randomly access to the Program Platform content to suit your personal needs.
Further, you agree 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.
If you are a registered user, the Program Platform enables you to communicate with our coaches and other users and to post reviews of the Program. The coach may request you to submit content based on a task and activity. Don’t post or submit anything that is not yours and indicate if you want the information to remain confidential.
If we are put on notice that your 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 we discover that your Content or behaviour violates these Terms, 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 or posts from the Program Platform. We comply with copyright laws.
We have discretion in enforcing these Terms. We may terminate or suspend your permission to use the Program Platform or ban your Account at any time, with or without notice, for any or no reason, including for any violation of these Terms.
Upon any such termination, we may delete your Account and content, and we may prevent you from further access to the Program Platform. 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 the Program Platform.
7. YOUR CONTENT
You retain ownership of the content you post on the Program Platform.
The Program Platform enables you to share and post your own content, with coaches and other users individually and in groups. You retain all intellectual property rights in and are responsible for, the content that you share, however you specifically agree and consent that we and our partners shall be entitled to use (in our discretion) all content shared and posted by you on the Program Platform.
You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit on the Program Platform.
Ultimately, it is your responsibility to ensure the proper protection of your content intellectual property – if your intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be essential protection. We cannot, and do not, guarantee that any intellectual property shared on our Program Platform or otherwise through the Website will not be used by other users.
8. USE AT YOUR OWN RISK
Like other platforms where people can post content and interact, some things can go wrong, and you use our Program Platform at your own risk.
By using the Program Platform, you may be exposed to content that you consider offensive, indecent, or objectionable. We have no responsibility to keep such content from you and no liability for your access or registration in the Program Platform to the extent permissible under applicable law. You acknowledge the inherent risks and nature of the Program Platforms and by registering in the Program you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during, and after your registration in a Program.
When you interact directly with another user, you must be careful about the types of personal information that you share. We do not control what users do with the information they obtain from other users in the Program Platform. You should not share your email or other personal information about you for your safety. We are not responsible or liable for any interactions between users. 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 users.
When you use the Program Platform, you will find links to other websites that we don’t 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 and their terms and conditions and privacy policies.
9. OUR RIGHTS
We own the RAS Digital Marketing Program Platform and website, present or future services, and things like our logos, code, and content. You can’t tamper with those or use them without authorisation.
All right, title, and interest in and to the RAS Digital Marketing Program Platform, including our website, our existing or future applications, API’s, our databases, and the content our employees or partners submit or provide through our website are and will remain the exclusive property of RAS Digital Marketing and its licensors.
Our Program Platform is protected by copyright and other laws of both South Africa and foreign countries. Nothing gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding our Program Platform or website 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 our website and Program Platform:
- access, tamper with, or use non-public areas of the Website and Program Platform (including content storage), our computer systems, or the technical delivery systems of our service providers,
- disable, interfere with, or try to circumvent any of the features of the Program Platform or related to security or probe, scan, or assess 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 in our Program Platform,
- access or search or attempt to access or search our Program 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’s,
- you may not scrape, spider, use a robot, or use other automated means of any kind to access the Program Platform,
- in any way use the Program 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 Program Platform, or in any other manner interfering with or creating an undue burden in the Program Platform.
10. 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.
10.1 BINDING AGREEMENT
You agree that by registering, accessing, or using our Program Platform, you are agreeing that you can enter a legally binding contract with RAS Digital Marketing. If you do not agree to these Terms, do not register, access, or otherwise use our Program Platform.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
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 doesn’t 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 doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms:
- Section 4 (Registration and Access),
- Section 7 (Your Content),
- Section 8 (Use at Your Own Risk),
- Section 9 (Our Rights),
- Section 10 (Miscellaneous Legal Terms), and
- Section 11 (Dispute Resolution).
It may happen that our Program Platform is down, either for planned maintenance or because something goes down on the website or 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 outright.
In legal, more complete language, the website and the Program Platform and its 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 Program Platform or its 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 our Program Platform. Your use of the Program Platform (including any content) is entirely at your own risk.
We may decide to cease making available certain features of the Program Platform at any time and for any reason. Under no circumstances will we or our 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 any of the services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage, natural disaster, strike, electrical, internet, strikes or telecommunication outage, or government restrictions.
10.3 LIMITATION OF LIABILITY
There are risks inherent to using our Program if you register in the Program, and if things do not work out as you thought it will or you did not achieve the results you were hoping for or what we suggested the Program will be able to deliver. You fully accept these risks, and you agree that you will have no recourse to seek damages even if you suffer loss or damage from using our Program.
In legal, more complete language, to the extent permitted by law, we (and our other 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 service liability, or otherwise and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of our other companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred Rands (R 1000) or the amount you have paid us for the Program, before the event giving rise to your claims.
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 RAS Digital Marketing our other companies, and their officers, directors, suppliers, partners, and agents from against any third-party claims, demands, losses, damages, or expenses (including attorney fees) arising from:
- the content you post or submit,
- your use of a Program Platform
- your violation of these Terms, or
- your violation of any rights of a third party.
Your indemnification obligation will survive the termination of these Terms and your use of the Program Platform.
10.5 GOVERNING LAW AND JURISDICTION
These Terms published from time to time pertaining to our Program Platform shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
Use of the Program Platform will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from these Terms pertaining to our Program Platform.
10.6 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, 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 us to the email associated with your Account or by you to firstname.lastname@example.org).
10.7 RELATIONSHIP BETWEEN US
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
10.8 NO ASSIGNMENT
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an Account as an employee of a company, your 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.
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 Account is non-transferable and that all rights to your Account and other rights under these Terms terminate automatically after 12 months.
11. DISPUTE RESOLUTION
If there’s a dispute, our 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 our Support Team. If that doesn’t work your options is through a lawsuit or through arbitration.
If we can’t resolve our dispute amicably, you and we agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (forced arbitration). Either of us 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) in accordance with the Arbitration Act of 2017. The arbitration proceedings shall be governed by the AFSA procedures. You and we 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 we and you agree otherwise); and
- any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.
Both parties hereby consent to the non-exclusive jurisdiction of the Durban Magistrates Court, 29 Somtseu Rd, Stamford Hill, Durban, 4025, South Africa for any claim in money. We shall be entitled to the award of legal costs in any lawsuit arising in terms of these Terms.
Notwithstanding the “Updating these Terms” section below, if we change this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing us written notice of such rejection by email from the email address associated with your Account to email@example.com within 30 days of the date such change became effective, as indicated by the “last updated on” above.
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 RAS Digital Marketing in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.
12. 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 we reserve 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 Account or by posting a notice through our Platform & Services. Revisions will become effective on the day they are posted unless stated otherwise.
Your continued use of our Program Platform after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
13. HOW TO CONTACT US
If there is any question about these Terms, including or any other terms and conditions, please contact The Learning Tree by sending an email to firstname.lastname@example.org or use the “Contact Us” page. Our address is, 2 Ncondo Place, Ridgeside, Umhlanga Ridge, Durban, 4329, South Africa.