PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our website www.magnetteacademy.com (our site).

WHO WE ARE AND HOW TO CONTACT US

www.magnetteacademy.com is a site operated by MAGNETTE EVENT MANAGEMENT CC (we, us, our). To contact us, please email [email protected]

BY USING OUR SITE YOU ACCEPT THESE TERMS

By accessing and using our site, a contract is formed between us and the people who access the website (users, you, your) and you confirm that you accept and agree to comply with these terms of use. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy [https://www.magnetteacademy.com/privacy-policy].
  • Our Cookie Policy [https://www.magnetteacademy.com/privacy-policy], which sets out information about the cookies on our site.

If you purchase a course, coaching or other service from our site, separate terms and conditions will apply.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time because we may not be able to notify you every time of the changes and these changes will be legally binding on you.

WE MAY SUSPEND OR WITHDRAW OUR SITE

We do not guarantee or make any representations that our site, or any content on it, will always be available, uninterrupted and appropriate for use in all locations. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

ACCOUNT DETAILS

You agree to treat your user name, password or any other piece of information which forms part of our security procedures, as confidential. You must not disclose it to any third party.

We have the right to disable any user name or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone else knows your user identification code or password, you should promptly notify us at [email protected]

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DISCLAIMERS AND WARRANTIES

You expressly acknowledge and agree that your use of the site is at your sole risk and that the functions of the site are provided “as is” and “as available”. Although we make reasonable efforts to update and take care to create the information and material on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We do not guarantee that any data, file or program available for download from or via the site or from any website linked to our website is free from virus or any other condition which might or could damage or interfere with data, hardware or software with which it might be used, and in accessing the site, you assume all risk of use of all materials, programs and files on the site. Prior to using any downloaded file, you should carry out an appropriate virus check.

We are not liable to you or any person claiming through you for any loss or damage howsoever caused resulting from the use of the site, any website linked to the site, materials or content including the transmission of any virus.

LINKED SITES AND SOCIAL MEDIA PLATFORMS

Where our site contains links to other sites and resources provided by third parties (linked sites), these links are provided for your information only and you agree to access them at your own risk. We do not endorse any linked sites nor are we responsible for the quality or delivery of any products or services offered, accessed or advertised by linked sites. 

To the extent that any linked sites collect personal information or contributions from you, we bear no responsibility or liability for the manner in which such information or postings are used or exploited. We have no control over the contents of those sites or resources.

We may utilise social network or share functionality and the website may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram).

Your use of any social media platforms is subject to the particular social media platform's terms and conditions of use and you are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on our site.

By using any social media applications or features on our site, you consent and agree to be bound to the particular terms and conditions of use of the applicable social media platform.

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

LIMITATION OF LIABILITY

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, however incurred even if foreseeable, arising under or in connection with:

  • any changes which we may make to our site, or for any use of, or inability to use, our site;
  • the deletion of, corruption of, or failure to store, errors or omissions related to any content and other communications data maintained or transmitted by or through your use of our site;
  • use of or reliance on any content displayed on our site;
  • your failure to provide us with accurate information.

In particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

Nothing in these terms will exclude or limit our warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you, and our liability will be limited to the maximum extent permitted by law.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you agree that you will not:

  • use the site in any unlawful or inappropriate manner, as determined by us in our sole discretion, or in any other manner that could damage, disable, overburden, or impair the site;
  • use automated scripts to collect information from or otherwise interact with the site or monitoring data or traffic on any network or system without our authorisation;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity;
  • publish, upload, display, or transmit or otherwise make publicly available on the site any private information of any third party, including but not limited to addresses, phone numbers, email addresses, identification numbers and credit card numbers;
  • access or use any data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
  • unlawfully interfere with any user, host or network, including without limitation, sending or causing the sending of, excessive similar emails, flooding, deliberate attempts to overload a system and broadcast attacks;
  • commit any act that is likely to result in retaliation against us or the site.

You warrant that any such contribution does comply with these standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the site certain rights and licences described below. You agree that we are not responsible for, and do not endorse, any content posted by users of the site.

If your content violates these terms of use, you bear legal responsibility for that content. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards as set out in our terms.

You are solely responsible for securing and backing up your content.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

By posting or adding any content to the site or posting or making comments during webinars (your content) conducted by us, you grant us the following rights:

  • a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the service provided by the website across different media and you authorise us to exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in your content known now or in the future for the purpose of marketing and promoting our site, its products and services in any manner;
  • a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content for their purposes to post, edit, distribute, publish including across social media platforms, comment upon or in any other way exercise any and all copyright, trademark, publicity, database or other intellectual property rights you have in your content known now or in the future in any manner connected directly or indirectly to which it relates and in accordance with these terms;
  • to the fullest extent permitted under the applicable law, you waive your moral rights in relation to your content and you promise not to assert such rights or any other intellectual property rights you have in your content against us. This includes that we may use your content without attributing you as the source of your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack which would be a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may not, nor authorise any third party to, do the following in relation to our site or mobile application:

  • decompile, reverse engineer, disassemble or otherwise convert any element to a human-perceivable form;
  • distribute or republish any element;
  • resell, rent, lease or lend any element;
  • defeat, disable or circumvent any security feature; or
  • transfer any element to any third party;
  • use any data gathering or extraction methods or engage in any crawling, scraping, caching or otherwise accessing any content via automated means without consent;
  • register, subscribe, unsubscribe any party to any product or service unless you are specifically authorised by such party to do so;
  • seek to commercialise any component of our site.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with our content standards.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]

PAID SERVICES

We collaborate with contributors and partners to create, design, and deliver courses, coaching and other programs (courses). To participate in courses, you must complete your purchase and accept those terms and conditions.

Before your purchase a course, please note:

  • Availability and Pricing. Placing a course in your shopping cart does not guarantee the course’s price or availability and the price of any course that you place in a shopping cart is subject to change until you complete your purchase. Any prices displayed on our site are subject to change without notice.
  • Payment Providers. To process payments for our courses, we use third party payment providers that we neither own nor control. Further information is provided in our Privacy Policy on how we handle personal information in connection with payments on our site.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

These terms of use are governed by and are to be construed in accordance with the laws of South Africa and the parties irrevocably submit to the exclusive jurisdiction of the courts of South Africa. If any of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the terms which will continue in full force and effect.