South Africa

Terms And Conditions of Use of The Thinkific (LMS) Platform


1.1 This document sets out the terms and conditions ("Terms") of The Arbinger Institute Pty Ltd (South Africa, 3 Bellingham Gardens, 353 Aries Street, Waterkloof, Pretoria, South Africa, 0181 [2008/023409/07 ("Service Provider") pertaining to the access and use of the information, products, services, and functions provided on (“The Thinkific (LMS) Platform”).
1.2 If any person that accesses The Thinkific (LMS) Platform ("you" or "user") disagree with any of these Terms, such person must refrain from accessing The Thinkific (LMS) Platform and/or using our services.
1.3 Each time a user accesses The Thinkific (LMS) Platform and/or uses the services, the user shall be deemed to have consented, by such access and/or use, to the Terms and Conditions of The Thinkific (LMS) Platform, which may be amended or not from time to time. If a user is not satisfied with the amended Terms that may happen from time to time (if deemed necessary), such user should refrain from using The Thinkific (LMS) Platform.

2.1 The Service Provider reserves the right to make improvements, change or discontinue, without notice, any aspect or feature of The Thinkific (LMS) Platform and any information or content on The Thinkific (LMS) Platform.
2.2 The Service Provider reserves the right to change and amend the products, prices and rates on The Thinkific (LMS) Platform from time to time.
2.3 The Service Provider has no control over how the ultimate owners of The Thinkific (LMS) Platform use any information. Please consult the specific terms of conditions of The Service Provider and its online partners shall not be liable for any losses or damages that may arise from the user's reliance on it, howsoever these may arise.
2.4 The Service Provider makes no representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information, data and content on The Thinkific (LMS) Platform, including without limitation:
2.4.1 The Service Provider does not warrant that The Thinkific (LMS) Platform or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. The Service Provider expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security and accuracy;
2.4.2 Whilst the Service Provider has taken reasonable measures to ensure the integrity of The Thinkific (LMS) Platform and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via The Thinkific (LMS) Platform are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user's system; and
2.4.3 The Service Provider disclaims any responsibility for the verification of any claims. Information published on The Thinkific (LMS) Platform may be done so in the format in which the Service Provider receives it, and statements from external parties are accepted as fact.

3.1 The Thinkific (LMS) Platforms or pages are not under, nor subject to, the control of the Service Provider. The Service Provider is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of The Thinkific (LMS) Platform (or, if applicable, any third parties).

The user hereby agrees that it shall not itself, nor through a third party:
4.1 copy (other than for backup, archival or disaster recovery purposes), reproduce, translate, adapt, vary, modify, lease, licence, sub-license, encumber or in any other way deal with any part of The Thinkific (LMS) Platform for any reason and in any manner, unless it is consistent with the intent and purpose of these Terms;
4.2 decompile, disassemble or reverse engineer any portion of The Thinkific (LMS) Platform;
4.3 write and/or develop any derivative of The Thinkific (LMS) Platform or any other software program based on The Thinkific (LMS) Platform;
4.4 modify or enhance The Thinkific (LMS) Platform;
4.5 without Service Provider's prior written consent, provide, disclose, divulge, or make available to or permit the use of or give access to The Thinkific (LMS) Platform by persons other than the user;
4.6 remove any identification, trademark, copyright, or other notices from The Thinkific (LMS) Platform;
4.7 post or transmit, by means of reviews, comments, suggestions, ideas, questions, or other information through The Thinkific (LMS) Platform, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, or hateful, or racially, ethnically, or otherwise objectionable content of any kind; and/or
4.8 notwithstanding anything contained to the contrary in these Terms, use The Thinkific (LMS) Platform for any purpose other than personal, non-commercial and information purposes.

5.1 In order to ensure the security and reliable operation of the services to all Service Provider's users, the Service Provider hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
5.2 You may not utilise The Thinkific (LMS) Platform in any manner which may compromise the security of the Service Provider's networks or tamper with the Thinkific (LMS) Platform in any manner whatsoever, which shall include, without limitation, gaining or attempting to gain unauthorised access to The Thinkific (LMS) Platform, or delivering or attempting to deliver any unauthorised, damaging or malicious code to The Thinkific (LMS) Platform, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should Service Provider suffer any damage or loss, civil damages shall be claimed by the Service Provider against the user.

6.1 For the purpose of this clause, the following words shall have the following meanings ascribed to them:
6.1.1 "Intellectual property rights" means all and any of the rights in and to the intellectual property of any nature whatsoever owned and/or controlled directly or under licence by the Service Provider, now or in the future, including without limitation, Service Provider's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
6.2 All copyright and other intellectual property rights in all content, trademarks, software, data, and material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via The Thinkific (LMS) Platform ("proprietary material"), are the property of, or are licensed to, Service Provider and as such are protected from infringement by local and international legislation and treaties.
6.3 By submitting reviews, comments and/or any other content (other than your personal information) to Service Provider for posting on The Thinkific (LMS) Platform, you automatically grant the Service Provider and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content.
6.4 All rights not expressly granted are reserved, and no right, title or interest in any proprietary material or information contained in The Thinkific (LMS) Platform is granted to you.
6.5 Except with the Service Provider's express written permission, no proprietary material from The Thinkific (LMS) Platform may be copied or retransmitted.
6.6 Irrespective of the existence of copyright, the user acknowledges that Service Provider is the proprietor of all material on The Thinkific (LMS).
6.7 The Service Provider authorises you only to view, copy, temporarily download to a local drive and to print the content of The Thinkific (LMS) Platform, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.

7.1 The user's use of The Thinkific (LMS) Platform and the information contained on The Thinkific (LMS) Platform is entirely at the user's own risk, and the user assumes full responsibility and risk of loss resulting from the use thereof.
7.2 To the extent permissible by law:
7.2.1 Neither Service Provider, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of The Thinkific (LMS) Platform or any functionality thereof, or the information contained on The Thinkific (LMS) Platform.
7.2.2 The liability of the Service Provider for faulty execution of The Thinkific (LMS) Platform as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of The Thinkific (LMS) Platform, shall be limited to Service Provider rectifying the malfunction, within a reasonable time and free of charge, provided that the Service Provider is notified immediately of the damage or faulty execution of The Thinkific (LMS) Platform. However, in no event shall the Service Provider be liable to the user for loss of profits or for special, incidental, consequential, or punitive losses or damages arising out of or in connection with The Thinkific (LMS) Platform or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
7.2.3 You hereby unconditionally and irrevocably indemnify the Service Provider and agree to hold the Service Provider free from all loss, damages, claims and/or costs of whatsoever nature suffered or incurred by the Service Provider or instituted against the Service Provider as a direct or indirect result of: your use of The Thinkific (LMS) Platform; any unavailability of, or interruption in, the service which is beyond the control of the Service Provider.
7.4 The Service Provider makes no warranty or representation as to the availability, accuracy, or completeness of the content of The Thinkific (LMS) Platform. You expressly waive and renounce all your rights of whatever nature that you may have against the Service Provider for any loss suffered by you because of information supplied by the Service Provider being incorrect, incomplete or inaccurate.

8.1 This clause 8 provides details about our Privacy and Cookie Policy, which Policy forms part of these Terms. The Service Provider takes your privacy seriously and is committed to protecting your personal information. We use the personal information that we collect from you in accordance with this Privacy and Cookie Policy.
8.2 Personal information, when used in this Policy, means information that can identify you as an individual or is capable of identifying you. By personal information, we don't mean general, statistical, aggregated or anonymised information.
8.3 Your use of the Thinkific (LMS) Platform signifies your consent to the Thinkific (LMS) Platform collecting and using your personal information as specified below.
8.4 How the Thinkific (LMS) Platform collect information about you
8.4.1 The Thinkific (LMS) Platform would require your name, surname, and email address to provide you with access to the Thinkific (LMS) Platform.
8.5 How the Thinkific (LMS) Platform use your information
8.5.1 The Thinkific (LMS) Platform may use your information to validate you as a customer when using the Thinkific (LMS) Platform, to prevent and detect criminal activity, fraud and misuse of or damage to the services or networks and to prosecute those who are responsible.
8.6 How long do the Thinkific (LMS) Platform keep your information?
8.6.1 The time periods for which the Thinkific (LMS) Platform keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring the Thinkific (LMS) Platform to keep your information, however, the Thinkific (LMS) Platform will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed.
8.7 Disclosing your information to third parties
8.7.1 The Thinkific (LMS) Platform will not disclose a user's personal information.
8.8 When and where do the Thinkific (LMS) Platform use cookies?
8.8.1 The Thinkific (LMS) Platform allocate cookies during the registration process for the services. These cookies will hold information collected during your registration and will allow the Thinkific (LMS) Platform to recognise you as a customer and provide you with the services you require.
8.9 How can you manage your privacy preferences?
8.9.1 You can contact the Service Provider at any time to remove you from the Thinkific (LMS) Platform.

9.1 By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third-party information acquired in connection with any aspect of the products and/or services offered by the Service Provider. You shall notify Service Provider should you discover any loss or unauthorised disclosure of the information.
9.2 Any information or material sent to Service Provider will be deemed not to be confidential unless otherwise agreed in writing by the user and Service Provider.

10.1 Service Provider is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to cancel these Terms, limit or deny such user use of The Thinkific (LMS) Platform and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to Service Provider's right to claim damages, should any user:
10.1.1 breach any of these Terms;
10.1.2 in the sole discretion of the Service Provider, use The Thinkific (LMS) Platform in an unauthorised manner; or
10.1.3 infringe any statute, regulation, ordinance, or law.
10.2 Breach of these Terms entitles Service Provider to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to Service Provider on an attorney and own client scale.

11.1 You shall comply with all applicable laws, statues, ordinances, and regulations pertaining to your use of and access to this The Thinkific (LMS) Platform.

12.1 Except as explicitly stated otherwise, any notices shall be given by email to (in the case of Service Provider) or to the e-mail address you have provided to Service Provider (in your case), or such other address that has been specified.
12.2 Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Service Provider may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to Service Provider. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.
12.3 You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms may be given via electronic means and that such communications shall be "in writing". Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

13.1 These Terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa.
13.2 The Thinkific (LMS) Platform is controlled, operated, and administered by Service Provider from its offices within the Republic of South Africa. The Service Provider makes no representation that the content of The Thinkific (LMS) Platform is appropriate or available for use outside of South Africa. Access to The Thinkific (LMS) Platform from territories or countries where the content of The Thinkific (LMS) Platform is illegal is prohibited. Users may not use The Thinkific (LMS) Platform in violation of South African export laws and regulations. If the user accesses The Thinkific (LMS) Platform from locations outside of South Africa, that user is responsible for compliance with all local laws.
13.3 The Service Provider does not guarantee continuous, uninterrupted, or secure access to our services, as the operation of our The Thinkific (LMS) Platform may be interfered with as a result of a number of factors which are outside of our control.
13.4 If any provision of these Terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
13.5 The Service Provider's failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
13.6 You shall not be entitled to cede your rights or assign your rights or delegate your obligations in terms of these Terms to any third party without the prior written consent of the Service Provider.
13.7 The head notes to the paragraphs to these Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
13.8 Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
13.9 These Terms set forth the entire understanding and agreement between the Service Provider and you with respect to the subject matter hereof.

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