Your use, access to and purchasing of our Courses, Products and Services is subject to these Terms of Purchase.
Application of Terms of Purchase
Laurie Naughtin is the owner of the Products, Courses and Services (“we“, our” or “us“).
These Terms of Purchase (“Terms“) apply to any person who uses and/or purchases our Courses, Products and/or Services (hereinafter referred to as “you” or “your“), whether made available by us on or through our website found at www.sublunar.co.za (“Website”) or otherwise.
Your Agreement to These Terms
By using and/or purchasing our Courses, Products and/or Services, you agree and warrant that you are 18 years or older, have reached the age of majority in your jurisdiction and are legally competent to enter into this agreement and abide by these Terms.
By using and/or purchasing our Courses, Products and/or Services you agree that:
- i) you accept these Terms and enter into a legally binding contract with us upon these Terms, irrespective of whether you have read them or not; and
If you do not agree with these Terms, any policies or additional documents we incorporate herein by reference, you must not purchase or use our Courses, Products and/or Services.
These Terms may be updated or amended by us at any time in our sole discretion. Each time you use and/or purchase our Courses, Products and/or Services, it is your responsibility to review these Terms in the event that updates or amendments have been made.
Your Use of our Courses, Products and Services
You may not share, distribute or disclose the information, content, intellectual property and copyright material provided in or through our Courses, Products and/or Services without our prior written consent.
You shall not perform any act, which may jeopardise or interfere with the functionality or operation of our Courses, Products and Services.
You shall not intercept any information transmitted to or from us which is not intended by us to be received by you, and you shall be responsible for all electronic communications, information and content (in any manner and form whatsoever) sent by you from any computer or electronic device to us.
1) our Courses, Products and Services may only be used by you for lawful purposes;
2) you may not frame, modify, copy, distribute, commercialise, sell, exploit and/or alter our Courses, Products and Services or any part thereof, or incorporate any part of our Courses, Products and Services in any other work, content or publication or use the Courses, Products and/or Services other than in accordance with these Terms.
Intellectual Property Rights
Our Courses, Products and Services are owned by or licensed to us. When you purchase our Courses, Products and/or Services, we grant you a non-transferrable, license to use the Courses, Products and/or Services for personal, non-commercial use only which may be revoked by us at any time in our sole discretion.
You understand and agree that when you purchase and use our Courses, Products and/or Services you will have access to our intellectual property which is copyrighted information and protected under both South African and foreign laws.
Nothing in these Terms or our Courses, Products or Services should be construed as granting to you, by implication, or otherwise, any license or right to use our intellectual property including any trademarks (whether registered or not), taglines or logos, without our prior written consent specific for each such use.
Without prejudice to any of our rights granted herein or at law, we shall immediately upon becoming aware of any infringement of our intellectual property rights (or any breach by you of these Terms) revoke the license granted to you herein, without a refund (in whole or in part) of any monies paid by you to us in connection with the purchase and use of our Courses, Products and Services. For our full refund policy please see the section of these Terms titled “Refund Policy”.
You agree that you will not engage in the copying, selling, modification, exploitation, stealing or distribution of our Courses, Products and Services (or any part thereof), or the copying, selling, modification, exploitation, stealing or distribution of content of third parties obtained or made available through our Courses, Products and Services.
You understand and agree that the license granted to you herein is limited specifically to you and that you may not share or distribute our Courses, Products and Services (or any part thereof) to any third party, nor may you use our Courses, Products and Services (or any part thereof) in your own Courses, products or services, or for your own business use whether you receive compensation therefore or not.
Any reproduction, duplication, modification, exploitation selling, copying, creation of derivative works from or redistribution of our Courses, Products and Services, including the design, graphics and appearance of our Courses, Products and Services is expressly prohibited. For the avoidance of doubt, reproduction, duplication and/or copying our Courses, Products and Services or any part thereof to any other server or location for further reproduction, redistribution and/or selling is also expressly prohibited.
You understand and agree that content and/or information provided through our Courses, Products and Services includes but is not limited to information shared by us by means of in person classes, telephone, skype calls (or the like), as well as emails and data messages sent by us to you in any manner and by any means whatsoever and that such content and/or information is our property and may not be copied or distributed by you for any reason whatsoever without our prior written consent.
We reserve all intellectual property and other rights not expressly granted herein to our Courses, Products and Services, and to any marketing material (including promotional communications) created or used by us in connection with our Courses, Products and Services.
Content Submitted by You
By posting, submitting or sharing information and/or content including but not limited to comments, posts, images, audios and/or videos (“User Content”) in connection with your use, participation in or purchase of our Courses, Products and/or Services whether through our Website, classes, social media pages or otherwise (“User Platforms”), it will be accessible by others and you understand that you have no confidentiality or privacy rights with respect to such User Content.
You agree that when you submit User Content on or through User Platforms you grant us a perpetual, royalty free, unlimited, irrevocable, non-exclusive, worldwide licence to use, copy, modify, combine and compile with other content, sell, transmit, create, distribute, publicly display and other wise use or exploit (including for profit) such User Content and all intellectual property and moral rights therein, by any means, method, media, technology or medium now know or hereafter created or devised.
For the avoidance of doubt the preceding paragraph allows us to use your User Content (or any part thereof) on our Website or in Courses, Products and Services as well as in the marketing and promotion of our Website, Courses, Products and Services (without permission from you or compensation being payable to you).
You represent and warrant that your submission of User Content will not constitute a violation of any intellectual property, privacy, contractual or other third party right.
Defamatory, obscene, offensive, illegal, sexually explicit, invasive and inappropriate submissions of User Content are expressly prohibited and constitute a violation of these Terms.
Collection of Personal Information
The four provisions below ((1) Disclaimers, (2) Indemnity and Limitation of Liability, (3) Exclusion of Warranties and Representation and (4) Accuracy of Information) constitute an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood these provisions.
Our Courses, Products and Services are intended and produced for general information and educational purposes only, and to the extent allowed by law, should not be relied upon by you as proffessional advice (including but not limited to financial, investment, accounting, business, tax, legal, medical and/or mental health advice) or used in replacement or substitution of professional advice of any kind.
You agree that you will obtain professional advice relating to your specific business and personal needs or circumstances and that nothing contained herein whether express or implied shall be construed as professional advice or an obligation on us to provide professional advice.
While due care has been taken in preparing the information provided in or through our Courses, Products and Services, you agree that we cannot be liable for any acts, omissions, direct, indirect, incidental, special or consequential loss or damage arising out of or in connection with your use of our Courses, Products and Services, whether caused by negligence, breach of contract or otherwise.
As we are not giving financial, investment, accounting, business, tax or legal advice, we recommend that you consult with a tax consultant, accountant, financial advisor and/or lawyer for any and all questions and advice regarding your business income, taxes, legal, accounting and investment needs.
You understand and agree that we are not, nor can we ever be responsible for (i) any increase or decrease in profits, income, dividends, revenue, savings, goodwill, leads, sales, clients, consumer and/or public engagement or (ii) any of your financial, business, personal or other results. Your use of the information (including recommendations) provided on or through our Courses, Products or Services is at your own risk, with no direct or indirect liability on us.
The information provided in or through our Courses, Products and Services shall not to be construed or relied upon by you as mental or physical health advice of any kind whatsoever. We advise and recommend that you consult with a doctor, nurse, medical practitioner, psychologist, counsellor, psychiatrist, dietician, nutritionist or registered medical and/or health care professional (“Medical Professional”) for any and all questions and advice regarding your mental and/or physical health and well-being. You should consult a Medical Professional for your mental and physical health needs, irrespective of any information contained or provided in or through our Courses, Products and Services.
You understand and agree that we can never be responsible for (i) any physical or mental illness, disease, symptoms, injury, harm or conditions you may have or develop in the future or (ii) your mental, emotional, spiritual and physical health and well-being, and that your use or non-use of the information (including recommendations) provided in or through the Courses, Products and Services is at your own risk, with no direct or indirect liability on us.
For the avoidance of doubt we do not represent or guarantee that you will obtain any specific business, financial, personal, physical, mental, spiritual, emotional or other result (whether positive or negative) as a direct or indirect result of your use of our Courses, Products and Services.
You agree that you are solely responsible for your actions; decisions and results based on your use, or non-use of our Courses, Products and/or Services.
Indemnity and Limitation of Liability
To the fullest extent permitted by law, you agree to defend, indemnify us and hold us and our Ancillary Parties harmless from and against any and all claims, direct, indirect incidental, special or consequential loss or damage (including but not limited to loss of income, revenue, profits, savings, business, time and goodwill), liabilities, costs, debts, and expenses (including attorneys’ fees) whether caused by negligence, breach of contract or otherwise, arising out of or in connection with:
- your use and/or Purchase of our Courses, Products and Services;
- your use of any External Websites and services linked thereto, whether recommended or linked on our Website or in our Courses, Products and Services or not;
- your inability for any reason whatsoever (including but not limited to security breaches, operational or network failures or delays, computer viruses and system and/or other updates) to use and access our Courses, Products and Services and any External Websites linked thereto (or referenced therein);
- any physical, mental or emotional harm or injury you may suffer directly or indirectly as a result your use or non-use of our Courses, Products and Services;
- the unauthorised use, access to or theft of your information and/or data;
- your violation or breach of these Terms and any documents incorporated herein by reference;
- your violation of any third party right, including without limitation any copyright, trademark, trade secret or other intellectual property, or privacy right; or
- any claim that our Courses Products and Services caused damage to a third party, including but not limited to your affiliates, employees, clients, representatives, associates and/or family.
To the extent permitted by law:
- i) our total liability shall be limited to the amount you paid to us for the purchase of Courses, Products and/or Services.
- ii) all indemnities and limitations of liability in these Terms shall survive termination, modification or expiration of these Terms and termination of your use of our Courses, Products and Services.
No provision of these Terms:
- does or purports to limit or exempt us from any liability to the extent that the law does not allow such a limitation or exemption; and
- requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.
Exclusion of Warranties and Representations
As far as the law allows, our Courses, Products and Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including without limitation, any representation or warranty as to the operation, accuracy, integrity, compatibility, completeness, correctness, good-use, availability, performance, fitness for a particular purpose, merchantability, reliability or functionality.
Further, we do not warrant or represent:
- the security of the Courses, Products and Services or any information, content or Material provided, submitted or transmitted through our Website, Courses, Products and Services;
- our Courses, Products and Services will be error, omission or virus free, that defects will be corrected or that your access will be uninterrupted and error free;
- that you will attain any particular financial, business, personal, physical, mental, spiritual, emotional or other result from your use of our Courses, Products and Services.
- that you will achieve the same results or that your user-experience of our Courses, Products and Services will be the same as the people who have provided testimonials or shared their experience about or in connection with our Courses, Products and Services. These testimonials should not be relied upon as an indication of your future results, as results differ from person to person and are dependent on a variety of factors and circumstances.
Accuracy of Information
You understand and agree that the information and content contained in our Courses, Products and Services may change from time to time and may not always contain the correct or most up-to-date information, details and descriptions.
While all reasonable effort has been made to ensure the accuracy of the information and content made available in our Courses, Products and Services, we do not guarantee the accuracy of the content or that any information provided in connection therewith is current and applicable to you. You acknowledge that our Courses, Products and Services may contain inaccuracies or errors for which we shall not to the fullest extent permitted by law be liable for.
We reserve the right to make changes, corrections, updates and/or improvements our Courses, Products and/or Services at any time without notice.
Our Courses, Products and Services may contain links or recommendations to other third party websites (“External Websites“). These links and recommendations are provided “as is” and for your convenience only and are not an endorsement by us of the content, information or views expressed thereon.
If you link to External Websites, you will be subject to those External Websites’ terms and conditions, privacy and other policies, therefore we advise and recommend that you review and comply therewith. We do not take any responsibility for the content and information that appears on External Websites (even if our Website, Courses, Products and/or Services linked thereon), nor do we accept liability for any damage or loss of any nature whatsoever and howsoever arising from your use of such External Websites which use is at your own risk.
You agree that we cannot be liable for any illegal, offensive or defamatory communication, information or content on any External Websites or any behaviour associated or in connection therewith.
Purchase of Courses, Products and Services
You agree as consideration for any purchase you make on or through the Website or otherwise to pay all applicable fees and taxes to us and consent to us or our third party payment processor authorising your credit card, debit card, bank account or other approved payment facility for the full payment of the applicable fees and taxes. In some instances, your credit card or debit card company or bank may charge you a foreign transaction fee or similar charge which shall be for your account.
If you purchase the Astrology Beginners Natal Diploma and elect to make payment by means of installments, you agree to pay the monthly installment on the due date by means of electronic funds transfer.
If an installment payment is not made on the due date, you shall have three business days to make payment. Without prejudice to any other right or remedy we may have, if payment is not made within the said three business days, we reserve the right to suspend access to and use of any Courses, Products and Service purchased by you, until such time as payment is made.
If you fail to make payment in accordance with these Terms or you no longer wish to use the Courses, Products and/or Services you purchased for any reason whatsoever, you shall remain fully liable for the cost of the Courses, Products and Services purchased by you. In the case of the Astrology Beginners Natal Diploma, where you have elected to make payment by means of installments, you shall remain fully liable for any unpaid installments until such time as either party cancels the agreement in accordance with these Terms.
Without prejudice to any other right or remedy we may have, we reserve the right to commence arbitration proceedings to recover any unpaid monies owing by you to us (including payments made or processed but reversed by your credit card company) for any purchase of our Courses Products and Services.
You agree that in order to complete your purchase you will be required to provide personal information which may include but not be limited to your full name, address, payment details and billing information and that your personal information may be collected by us and our payment processing company. You further agree that all information provided in connection with your purchase of our Courses, Products and/or Services is complete, current and accurate and may be relied on by us and our third party payment processor.
You understand that when you purchase our Courses, Products and Services you may also be subject to the additional terms and conditions and privacy policies of our payment processing company and that it is your responsibility to visit the website of our payment processing company and review their terms and conditions and privacy policies. We shall not be liable for loss, damage, refunds, disputes or any other matters arising out of or in connection with your dealings with our payment processing company.
Neither us, nor our payment processing company shall be liable for any loss or damage arising out of or in connection with your purchase of any of our Courses Products and Services and you hereby indemnify us and our payment processing company against any and all claims, actions, applications and demands accordingly.
Our Courses, Products and Services are supplied on an “as is” basis and have not been compiled or supplied to meet your specific personal, business or other requirements. It is your responsibility to satisfy yourself prior to purchasing our Courses, Products and Services that our Courses, Products and Services will meet your requirements.
The Horary Course shall be completed within four years from the date of purchase, failing which we shall have no further obligation to facilitate your completion of the course whether by email correspondence or otherwise, nor shall you be entitled to a refund of te course fees (in part or in whole).
All purchases of our Courses, Products and Services (made on or through our Website or otherwise) are non-refundable. By purchasing our Courses, Products and Services, you agree that your purchase shall be final and that no refunds (in whole or in part) will be given for any reason whatsoever.
These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.
Subject to payment in full of any monies owing by you to us for the purchase of our Courses, Products and Services (including any unpaid installments) you have the right to terminate your use and/or access to our Courses, Products and Services on 30 (thirty) days notice by written instruction sent to email@example.com.
We reserve the right to terminate your use and/or access to our Courses, Products and Services any time. Upon notification communicated or sent by us to you informing you that we have exercised our right to terminate your access to our Courses, Products and Services for any reason whatsoever, you shall have three business day to make payment of any monies owing by you to us for the purchase of our Courses, Products and Services (including any unpaid installments). Notwithstanding the date of payment of outstanding monies your access to and use of the Courses Products and Services shall be terminated with immediate effect upon the exercise of our election to terminate, which election shall for the avoidance of doubt be exercised by us at any time in our sole discretion.
Your obligations under these Terms shall survive termination of your access to our Courses, Products and Services.
Violation of Terms
Please report any violations of the Terms including any documents incorporated by reference that you become aware of by contacting us at firstname.lastname@example.org. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.
By using our Courses, products and/or the Services, you agree that all notices, disclosures, agreements and other communications (“Data Message”) sent by us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
You agree specifically that:
(ii) an electronic signature is not required by you or us for purposes of agreeing to these Terms;
(ii) your purchase of our Courses, Products and Services is sufficient evidence of your agreement to these Terms and the terms of any documents incorporated by reference;
(iii) subject to the further provision of these Terms, a Data Message sent by electronic means by you to us will only be treated as having been received by us when an acknowledgment of receipt is sent by us personally or a person who had authority to act on our behalf in respect of that Data Message.
Interpretation and Dispute Resolution
These Terms including any additional documents incorporated by reference and the relationship between us shall be governed and construed in accordance with the laws of
You agree to notify us of any issues or dissatisfaction that arises via e-mail correspondence prior to taking any legal action. Should we be unable to seek resolution within a reasonable time, you agree that the dispute shall be finally resolved through arbitration, before a single arbitrator, in accordance with the Arbitration Act, 1965 and the Commercial Arbitration Rules of the Arbitration Foundation of South Africa.
We shall jointly appoint and agree on the arbitrator but failing agreement between us within 10 (ten) business days of the arbitration being demanded, we shall appoint the arbitrator in our sole discretion.
The arbitration shall be held in Johannesburg, South Africa and the parties shall endeavor to ensure that it is completed as expediently as possible without delay after notice requiring the dispute to be referred to arbitration is given or demanded.
You agree that you shall not unduly delay, frustrate or fail to take action to progress or complete the arbitration proceedings, failing which you shall waive your rights to arbitration and any other legal action and your claim will be regarded as having prescribed.
The ruling of the arbitrator, in the absence of manifest error, shall be final and binding on the parties and the party in whose favour the award is granted shall be entitled to all reasonable fees (including attorney fees) and the costs necessary to enforce the decision of the arbitrator.
In the event of a dispute, you agree not to engage in or be responsible for any defamatory, harmful, negative or disruptive behaviour or communications that could adversely affect us, our Courses, Proucts, Services, Website, business or good will in any manner whatsoever.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor will it affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after termination of these Terms.
If any provision in these Terms is or becomes illegal, invalid or unenforceable such provisions shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.
If you have questions about these Terms, or any documents incorporated by reference herein, please contact us at at email@example.com.
Last updated 28 April 2018