EVIE TERMS AND CONDITIONS
PLEASE READ CAREFULLY
Upon your use of our website and/or your registration for a course/s you shall be deemed to have accepted these Terms and Conditions
These terms and conditions represent the legally binding agreement (“Terms”) between you and Carey Townsend, a sole proprietor, trading as evie, governing your use of the website/site, your use of our services and products (which includes courses (either live courses, or those courses described as “Teachable courses”), communications between you and us, as well as your booking of and/or registration, and participation in any courses. Each and any reference herein to “evie” and/or to “we”, “us” or “our” shall refer to and shall confer the benefits and rights on Carey Townsend, trading as evie, or her assigns. It is important to us that all users of the site and those who purchase our services and/or products are fully aware of their/his/her and our respective legal rights and obligations. Please read these Terms carefully before using the site, because they affect your legal rights and obligations.
CONSUMER PROTECTION ACT
These Terms and Conditions may apply to users who are consumers for purposes for the Consumer Protection Act No.68 of 2004 (“CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this sub-clause and which –
· may limit evie’s liability or risk; and/or
· may create risk or liability for you; and/or
· may compel you to indemnify evie; and/or
· serves as an acknowledgement by you of a fact,
of which we wish to particularly draw your attention.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict or limit any right or obligation, as the case may be, created for either you or evie in terms of the CPA.
IF THERE IS ANY PROVISION OF THESE TERMS AND CONDITIONS THAT YOU DO NOT UNDERSTAND, IT IS YOUR RESPONSIBILITY TO REQUEST CLARIFICATION FROM THE COMPANY BEFORE YOU CONTINUE USING THE WEBSITE/SITE AND BEFORE YOU REGISTER FOR A COURSE.
Questions? E-mail us at [email protected]
1. ACCEPTANCE OF TERMS
If you do not agree with any of these Terms please do not use this site or register for or purchase our services and products. By using this site and/or booking and/or registering course or other form of participation in evie through this site, you will be deemed to have irrevocably agreed to these Terms. If you do not agree to be bound to these Terms, or are not able to enter into a binding agreement, then unfortunately you may not use our services or products or register for any course. Where you are entering into these Terms as an entity on behalf of individuals who will participate in the course and/or receive the services and products, you are accepting the Terms on behalf of such individuals. Please contact us if you have any questions.
2. UPDATE AND REVISION OF TERMS
Some areas of this site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms will not change or replace these Terms regarding use of this site, unless otherwise expressly stated. Please note that these Terms may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms. Your continued use of the site will be deemed as irrevocable acceptance of any revisions. These Terms were last updated on 09 March 2021.
3. NOT AN EDUCATION INSTITUTION
Please be aware that evie is not a registered educational institution, nor does it purport to be providing educational services. The use of Content contained in any Course or via the site is for your own, personal and non-commercial use only.
4. NOT HEALTHCARE INFORMATION OR PROFESSIONAL ADVICE
Please be aware that the content available on this site and the content and information forming part of courses and the services and products, including but not limited to any consultations, courses, course materials, photographs, software, text, graphics, images, sound recordings, communications and other materials from us (collectively herein referred to as “the Content”) is provided on an As-Is basis and is subject to the disclaimers set out in these Terms. The Content is provided for informational and guidance purposes only and is not intended to be used as professional advice or as a basis for any healthcare diagnosis or as a substitute for obtaining medical advice and treatment from a competent physician, mental health professional or other health care practitioner. evie provides its services and products in the capacity of a ‘personal growth’ consultant only, is not a healthcare provider, or a qualified life coach, psychologist or a professional advisor, or otherwise, and does not purport to have any qualifications related to such professions or practices. You should not take any health care action based upon the Content or any other content from the site. Should you have health care concerns or needs, you should obtain these from the appropriate independent health care practitioner. Giving, receiving or using the Content does not constitute or create a caregiver-patient relationship.
5. NO CERTIFICATION
evie does not issue any certification for your participation and/or completion of a course.
6. HOW TO CONTACT US
The site is controlled and operated by evie. Please send any comments or complaints about the site or the Content, or any questions regarding privacy or legal matters to: [email protected]
7. YOUR REGISTRATION
7.1 To access the site or some of the resources it has to offer and/or to register for courses, you may be asked to provide registration details. It is a condition of use of the site and registration for courses that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the site, or any of its resources, or to the courses, and to terminate or suspend your use thereof.
7.2 Unless we have received parental consent governing your use of this site, we will assume (and by using this site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e. that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
7.3 It is also your responsibility to update us in the event of a change of your information (for example, your name or address). All personal information will be responsibly processed by us in accordance with our Privacy Policy.
8. ONLINE PRIVACY NOTICE
Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information and data is collected and used by us. Please see our Privacy Policy.
9. COURSES
9.1 If you have registered for a course (whether for yourself or as an organisation on behalf of individual participants), these Terms will apply. In this section, “Course” shall refer to any consultation, program, or course (including live courses and Teachable courses) offered by evie as described on its website or as otherwise communicated to you by evie in writing.
9.2 Each of our Courses will take the form, structure and method of delivery as described at the time of your registration for such Course.
9.3 It may be that you have paid for the Course directly or it may be paid for by a third party (such as your employer). In any event both the participant in the Course and the paying party shall be bound by these Terms. The payment terms are set out below in these Terms.
9.4 Licence: Subject to these Terms and to the payment of applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable licence to use our services and product, including all materials associated with our Courses.
9.5 Suitability of Course: Before registering for any Course, you are solely responsible for satisfying yourself as to the relevance and suitability of the Course for your individual requirements, based on the description of the Course/s on our site or as otherwise communicated to you by evie in writing. We do not give any undertakings or guarantees about anyone’s suitability for any Course.
9.6 Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Course materials (where applicable), once you have made the required minimum payment for the Course as communicated to you by evie in writing.
9.7 Course requirements: You will need access to a computer and the internet. You should be familiar with using a computer and accessing the internet, as you may need to read documents and access certain applications in order to view and access the Course materials. You are obliged to source and obtain access to the necessary software and resources required for Course participation at your own cost and evie cannot be held liable for any consequences of the use of such software or resources or any inability or difficulty in accessing the Course materials.
9.8 Course delivery: All Courses and Content will be delivered in the English language only. All communications by evie will be done in English only. In some instances, Course materials will be delivered online in electronic format or in other instances, Course materials may be delivered to you in hard paper copy (within the sole discretion of evie).
9.9 For purposes of this agreement, “writing” by evie means communications by evie via email or on the site or via social media platform, as applicable.
9.10 No third party participation: Only the persons who are registered for the Course may participate in that Course. You may not allow another person or party to participate in the Course with you, may not permit any other person to participate in the Course on your behalf, and may not impersonate any other person dealing with evie.
9.11 Prohibited Use:
You are prohibited from doing the following:
· Making available copies of the Course materials or content, or any part thereof, in any form, including but not limited via a network server or web server for use by others.
· Using, displaying or otherwise making available the Course materials and content, in any electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shares in any peer to peer or similar file sharing arrangements, or by any other means;
· Reverse engineering, decompiling, or disassembling any software that is contained within Course materials or content or on the site;
· Sublicensing, reselling, lending, assigning, ceding, donating, renting or otherwise distributing the Course content or rights granted under these Terms;
· Removing any notice of copyright, trademark, or other proprietary right from any place where it is, or embedded in the Course materials.
10. EXTERNAL WEBSITES
The site may contain links to third party websites (“external websites”). These links are provided solely as a convenience to you and not as an endorsement by evie of the content of, or any association with, such external sites. evie does not make any representations regarding the content of any external site and is not responsible for technical support for any external websites. If you have any issues relating to external websites, you are required to contact the support services of the relevant websites directly. evie will not be liable for any costs, claims, damages that you may suffer as a result of your use of, or failure to access, any external website. evie further does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against evie with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
11. PRICING, PAYMENT AND DELIVERY
11.1 The total fee for Courses is as communicated to you by evie or as displayed on the site (“Total Fee”). The Total Fee shall be payable upfront as a pre-requisite for participation in the course. evie shall advise of the method of payment including providing bank details to you. Payment will only be considered to be made by you once evie has received and accepted proof of payment.
11.2 You hereby consent to receipt of an invoice shall be sent to you in electronic format, to the email address that you have provided upon registering for a Course.
11.3 Where applicable, evie or its third party payment processor, where applicable shall authorize your credit card, bank account or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. All payments will be charged and made in currently of South African Rand.
11.4 You must provide current, complete and accurate billing and credit card information. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
11.5 No participation and/or suspension for non-payment: If you fail to make payment for a Course by the due date for payment (as agreed during registration), then evie has the right to exclude you from the Course or suspend your participation in the Course in our sole discretion. If you are excluded from a Course or if participation is suspended, you, or the individual participants, as the case may be, will not be permitted to access to Course materials and evie shall be entitled to cancel registration and remove you from the Course until such time as the outstanding payment has been made by you. You hereby consent to us contacting you in relation to payments due by you for a Course or in terms of these Terms, by way of email, telephone, or text message.
11.6 Dispute: If there is a dispute between us relating to payment of any Course fee, or the way in which you use the site or the Course materials, evie may at its sole discretion suspend your participation in the Course for the period of the dispute.
11.7 Cancellations and Deferrals:
11.7.1 Should circumstances arise that make it impossible for you to participate in a live course to be conducted, you shall be obliged to advise evie in writing, as soon as possible but in any event no later than 48 (forty eight) hours before the scheduled date of such live course. Should you fail to notify evie within this time frame, you will not be entitled to a refund for late cancellation.
11.7.1 Where you have notified evie at least 7 (seven) business days before the commencement of a course you will be entitled to a full refund but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
11.7.2 Where you have notified evie in less than 7 (seven) business days before commencement of a course but within 48 (forty eight) hours, you shall not be entitled to cancel the Course you shall be entitled to defer such Course to a later date (that is no later than 6 (six) months after the original date of such Course). evie shall allow the payment of the relevant Course to be deferred to such deferred date, payable prior to the date of commencement of such deferred workshop. evie shall be entitled in any event to retain the Total Fee. If you wish to defer your course participation to the next scheduled presentation of that Course, you will need to contact evie to discuss the matter. Should you decide to go ahead with the deferral, you will be required to complete and submit a deferral application. Deferral shall be entirely within evie’s discretion and if agreed to would only be processed once (no repeat deferrals will be permitted). Deferrals will only be permitted to the next scheduled presentation of the relevant Course. evie does not guarantee that future presentations will be held and if you choose to defer to the next presentation, you do so at your own risk.
11.7.2 In respect of Teachable courses, if you wish you cancel you will be obliged to do so before evie has given you access to the course materials. In such event, evie you will receive a full refund but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount. However if evie has already granted such access to you, you will not be entitled to a refund for such courses. You acknowledge that evie would have delivered the materials to you and that a refund is not appropriate or fair to evie, in such an instances where evie has by means of giving access, ‘delivered’ the course materials to you.
11.8 Insufficient Demand: evie reserves the right to cancel a Course if there is insufficient demand as determined by us in our sole and absolute discretion. In this case you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
12. EVIE TRADEMARKS
12.1 The trademarks, service marks, and logos of Evie (“Evie Trademarks”) used and displayed on the site are registered and unregistered or service marks of evie. Other company, product and service names located on the site may be trademarks or service marked owned by others (“Third Party Trademarks”), and collectively with evie Trademarks. Nothing of the sites should be construed as granting by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. evie Trademarks and Third Party Trademarks may not be copied or imitated in whole or in party, by any means, including but not limited to, the use of framing or mirrors.
12.2 Use of any trademarks, including the evie trademarks, as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of evie Trademarks inures to evie’s sole benefit.
12.3 You retain all copyright and other intellectual property rights in and to your own content. You do however, hereby grant us and our sub-licensees a non-exclusive, royalty free, freely sub-licensable, perpetual licence to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publically perform, and otherwise use and exploit, including for profit your content.
13. YOUR USE OF EVIE MATERIAL
13.1 All course material and related materials is the copyright of Evie and all intellectual property rights therein vest solely in evie. Your right to make use of this site and any material or other Content, including but not limited to the Course materials, appearing on it is subject to your compliance with these Terms. Modification or use of the materials or any other Content on this site or related to a Course for any purpose not permitted by these Terms may be a violation of evie’s Intellectual Property Rights and is prohibited.
13.2 You may access and use content displayed on this site for non-commercial, personal use on a single computer and/or mobile device only. The material and all other Content on this site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by evie in advance and in writing. Any authorisation to copy material granted by evie in any part of this site for any reason is restricted to making a single copy for non-commercial, personal use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any of evie’s materials on any other web site or networked computer environment is strictly prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this site into a readable form in order to examine the construction of such software and/or to copy or create other products or materials based (in whole or in part) on such software, is strictly prohibited.
14. BREACH
14.1 If you (or any individuals participants who registered via you) commit a breach of any of these Terms and fail to remedy the breach within 5 days after receiving a written notice to do so, evie may terminate your participation in a Course for which you are registered and you would not be entitled to a refund of any portion of the Course fee. evie shall furthermore be entitled to immediately suspend your access to the site or related platforms as determined in evie’s sole discretion.
14.2 You acknowledge and agree that in the event of a breach or threatened violation of our rights in terms of these Terms, we may suffer irreparable harm and will be entitled to urgent relief to enforce this agreement and protect our rights. In the event that we elect to enforce our rights in terms of this clause, you hereby irrevocably and unconditionally consent to the exclusive jurisdiction of the Western Cape High Court.
15. RIGHTS OF TERMINATION, SUSPENSION, MODIFICATION
15.1 evie reserves the right, in our sole discretion, to restrict, suspend or terminate this agreement and your access to all or any parts of the website, at any time and for any reason without prior notice or liability. evie reserves the right to change, suspend or discontinue any and all parts of the website at any time without prior notice or liability.
15.2 evie reserves the right to modify or discontinue, temporarily or permanently, all or any part of this site and/or any software, facilities and services on this site, with or without notice, and/or to establish general guidelines and limitations on their use.
16. INTERRUPTION OF EVIE SITE OR COURSE PLATFORM
From time to time, the evie site or related platforms may be inaccessible or inoperable by reason of equipment malfunctions or faults, periodic maintenance procedures, downtime, or repairs, causes beyond our control, including but not limited to interruption or failure of telecommunication or digital transmission failures or other failures. Such interruption or failure will not be deemed to be a breach these Terms under any circumstances whatsoever and evie will not be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability, or inaccessibility of the evie site or related platform.
17. USER SUBMISSIONS, POSTINGS AND E-MAILS
17.1 evie is interested in hearing from you regarding your questions or comments about our site. However, evie does not accept or consider unsolicited submissions of any kind in any format, by any means of transmission (including email). Any such submissions are either returned to the sender without being reviewed or deleted or discarded without being reviewed. Therefore, please do not send any unsolicited submissions to us.
17.2 Any original materials submitted by you including without limitation photographs, images, texts, graphics and other materials, collectively “User Submitted Materials” are subject to the following terms and conditions: a) As between you and evie, you will retain ownership of the User Submitted Materials” but you grant evie and its designees a worldwide, non-exclusive, transferable, royalty free, perpetual irrevocable right and licence, with a right of sublicense to use, reproduce, distribute, create derivative works of and publically display such User Submitted Materials solely in connection with evie; and b) You represent and warrant that you own or otherwise possess all necessary rights, permissions, and licence with respect to the User Submitted Materials, and that the User Submitted Materials do not infringe and will not infringe, misappropriate, use or disclose without authorisation or otherwise violate any copyright, trade secret right or other intellectual property or intellectual property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, defamatory, obscene or otherwise objectionable.
17.3 Please act responsibly when using the site. You may only use the site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this site. You may not collect or store personal information regarding other users. You recognise that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You understand and agree that all materials publicly posted (other than by evie) or privately transmitted on or through this site are the sole responsibility of the sender, not evie, and that you are responsible for all material you upload, post or otherwise transmit to or through the site.
18. RESTRICTIONS
We require that you do not post e-mails or submit to or publish through forums or otherwise make available on this site any Content, or act in a way, which in our opinion: libels, defames, invades privacy, stalks, is obscene, pornographic, blasphemous, racist, abusive, harassing, threatening or offensive; disparages, criticises, belittles, parodies or otherwise portrays in a negative light any actor appearing in the content; seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; you do not have the right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement); advocates or promotes illegal activity; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; advertises any commercial endeavour (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting competitions or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorised on this site; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the site; copies any other pages or images on this site except with appropriate authority; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme; amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files or large amount of data which are only linked from other sites). You must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us; obeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains links to other sites that contain the kind of content which falls within the descriptions set out above. In addition, you are prohibited from removing any sponsorship banners or other material inserted by evie anywhere on this site. You may not access this site or use the Courses to collect market research for a competing business.
19. SYSTEM ABUSE
Without limitation, you agree not to send, create or reply to so called “mailbombs” (i.e. emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e. unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this site.
20. SECURITY
20.1 evie will use reasonable commercial measures to secure our system and your profile. However we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of which you become aware.
20.2 As detailed in our comprehensive privacy policy, this site may collect and store certain kinds of personal information and data. How Evie protects and uses this information can be found in the Privacy Policy.
20.3 Where applicable, any usernames and passwords used for the site are for individual use only. You shall be responsible for the security of your username and password (if any). evie shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that evie considers insecure, evie will be entitled to require this to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) are strictly prohibited.
BY USING THESITE, YOU GRANT EVIE THE RIGHT TO RELEASE YOUR DETAILS TO SYSTEM ADMINISTRATORS AT OTHER SITES IN ORDER TO ASSIST THEM IN RESOLVING SECURITY INCIDENTS IF YOU BECOME INVOLVED IN ANY VIOLATION OF SYSTEM SECURITY.
21. INVESTIGATIONS
21.1 evie reserves the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send. evie may in its discretion seek to gather information from the user who is suspected of violating these Terms, and/or from any other user. evie may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If evie believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or remove the material permanently, warn users, suspend users and passwords, terminate accounts or participation in Courses, or take other corrective action it deems appropriate. evie will fully cooperate with any law enforcement authorities or court order requesting or directing evie to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD EVIE (INCLUDING ITS OWNER, EMPLOYEES AND REPRESENTATIVES) HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EVIE (INCLUDING ITS OWNER, EMPLOYEES AND REPRESENTATIVES) OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BY EVIE OR LAW ENFORCEMENT AUTHORITIES.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS SITE AND ANY PARTICIPATION IN COURSES, USE AND/OR RELIANCE ON ANY CONTENT (WHETHER DIRECTLY BY YOU OR INDIVIDUAL PARTICIPANTS WHO REGISTER OR PARTICIPATE VIA YOU) IS ENTIRELY AT YOUR AND THEIR OWN RISK. THE SITE AND ALL THE COURSE MATERIALS, CONENT INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, EVIE AND ANY SUBSIDIARIES OR AFFILIATED AND ASSOCIATED COMPANIES OF EVIE (INCLUDING ITS RESPECTIVE OWNERS, EMPLOYEES AND REPRESENTATIVES) DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVIE (INCLUDING OWNER, EMPLOYEES AND REPRESENTATIVES) DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EVIE (INCLUDING OWNER, EMPLOYEES AND REPRESENTATIVES) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEB SITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. EVIE (INCLUDING OWNER, EMPLOYEES AND REPRESENTATIVES) MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND EVIE (INCLUDING OWNER, EMPLOYEES AND REPRESENTATIVES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEB SITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
EVIE (INCLUDING RESPECTIVE OWNER, EMPLOYEES AND REPRESENTATIVES) DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, DELICT(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEB SITE, OR THE CONTENT, COURSE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR RELATED PLATFORMS OR SITES, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF EVIE (AND/OR ITS OWNER, EMPLOYEES AND REPRESENTATIVES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD EVIE (INCLUDING ANY OF OUR EMPLOYEES AND REPRESENTATIVES) HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM YOUR BREACH OF ANY OF THE FOREGOING PROVISIONS, REPRESENTATIONS OR WARRANTIES, AND/OR FROM YOUR PLACEMENT OR TRANSMISSION OF ANY CONTENT ONTO OUR SERVERS, AND/OR FROM ANY AND ALL USE OF THE SITE AND/OR OF COURSE MATERIALS AND/OR PARTICIPATION IN ANY COURSES (WHETHER DIRECTLY OR VIA INDIVIDUAL PARTICIPANTS REGISTERED VIA YOU).
22. LOCAL REGULATIONS
We make no representation that materials or other content in the site are appropriate or available for use outside of South Africa. If you choose to access the site from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country you reside in or from which you access the site.
23. JURISDICTIONAL ISSUES
23.1 The materials and all other Content in this site and via Courses are presented solely for the purpose of providing information.
23.2 These Terms shall be governed by, construed and enforced in accordance with the laws of South Africa. Subject to evie’s rights to urgent action as contemplated in the Breach clause above, any dispute of any kind between you and evie (including where applicable, the owner, respective members, directors, employees and/or representatives) arising under these Terms shall be resolved by binding arbitration in South Africa.
24. CLAIMS OF INFRINGEMENT
24.1 If you believe that any content appearing on this site infringes your copyright rights, we at evie want to hear from you. Please forward the following information in writing to [email protected] : your name, address, telephone number, and e-mail address; a description of the copyrighted work that you claim has been infringed; the exact URL or a description of each place where alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use has not been authorised by you, your agent, or the law; your electronic or physical signature or the electronic or physical signature of the person authorised to act on your behalf; and a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
25. GENERAL
25.1 Evie’s details: [email protected], Carey Townsend.
25.2 Entire Agreement: These Terms, together with the Privacy Policy and any other terms that may be agreed in writing by Evie shall constitute the entire agreement between you and Evie.
25.3 Conflict: If any aspect of these Terms conflicts with any information provided on our site or in Course materials, these Terms will prevail to the extent of the conflict, unless expressly stated otherwise.
25.4 Severability: If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any of the remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.
25.5 Assignment: These Terms, and any rights granted in terms of these Terms may not be assigned or transferred by you but may be assigned by Evie without restriction.
25.6 No indulgence/waiver: If evie chooses not to enforce any of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.
Privacy Policy
This Privacy Policy governs the manner in which the School collects, uses, maintains and discloses information collected from users (each, a “Student”) of the School. This Privacy Policy applies to the School and all Courses offered by the School.
Personal identification information
We may collect personal identification information from Students in a variety of ways, including, but not limited to, when Students enroll in the School or a Course within the School, subscribe to a newsletter, and in connection with other activities, services, features, or resources we make available in our School. Students may visit the School anonymously. We will collect personal identification information from Students only if they voluntarily submit such information to us. Students can refuse to supply personal identification information but doing so may prevent them from engaging in certain School related activities.
How we use collected information
The School may collect and use Students’ personal identification information for the following purposes:
- To improve customer service
- Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
- We may use information in the aggregate to understand how our Students as a group use the services and resources provided in our School.
- To send periodic emails
- We may use Student email addresses to send Students information and updates pertaining to their order. Student email addresses may also be used to respond to Student inquiries, questions, or other requests.
Sharing your personal information
We do not sell, trade, or rent Student personal identification information to others.
Third party websites
Student may find advertising or other content in our School that link to the websites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these websites and are not responsible for the practices employed by websites linked to or from our School. In addition, these websites or services, including their content and links, may be constantly changing. These websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Student, is subject to that website's own terms and policies.
Changes to this Privacy Policy
The School has the discretion to update this Privacy Policy at any time. We encourage Students to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.
Your acceptance of these terms
By enrolling in the School, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not enroll in the School. Your continued enrollment in the School following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.