The information (“Information”) accessible by you (“Visitor”) using the Of Course You Can website and on-line platform.
The Services enable individuals (“Students”) to connect to real and recorded instruction, tutoring, and other learning services (“Courses”). The Services include, without limitation, facilitating and delivering Courses and supporting materials, and receiving feedback from the Subscriber.
Your continued use of The Service after changes become effective shall mean that You accept those changes. It is advised that You visit The Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
Of Course You Can may modify The Services or discontinue their availability at any time.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware / software, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of that fee and all taxes associated with such access or use. If You provide credit card information to pay for such feesfees, then You hereby represent and warrant that You are authorised to supply such information and hereby authorise Of Course You Can to charge your credit card for the amounts due.
If your payment method fails or your Account is past due, Wewe may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. Charges for any external collection methods used will be for Your account (or something like this…) We may also block Your access to any of The Services pending resolution of any amounts due by You to Of Course You Can.
All ofAll your use, access and other activities relating to The Services must be in compliance withfollow all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. You agree to comply with all applicable laws regarding the transmission of technical data exported from the South African Law or the country in which You reside. You must agree to abide by all local rules regarding online conduct and acceptable content.
Your Of Course You Can “membership” will continue until you have completed your full journey and video clips will remain active for as long as you have an active account.
Your Of Course You Can membership may start with a Free Journey (dependent on coupon awarded). The Free Journey of Your membership continues until you have completed your first Journey, unless otherwise specified
- Payment Methods.
Should you not choose to register for all three Journeys upon Your registration, Youyou will be required to register for each part of Your JourneyYour Journey as You progress. ThereforeTherefore, Youryour card and payment details will not be stored, and You will therefore be required to input your payment details upon each transaction.
You can decide to cancel Your Of Course You Can membership at any time. We however cannot provide refunds or credits for any partial membership periods or unwatched Lessons or Courses.
Passwords & Account Access
The member who created the Of Course You Can Account and whose Payment Method is charged (the “Account Owner”) has access and control over said account. To maintain control over Your Account and to prevent anyone from accessing Your Account, the Account Owner should not reveal the password nor the Payment Method details (e.g. last four digits of their credit or debit card, or their email address if they use PayPal) associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account.
You should be mindful of any third-party communication representing Of Course You Can, requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Of Course You Can website and not through a hyperlink in an email or any other electronic communication, even if it looks official. We can terminate your account or place your account on hold in order to protect you, Of Course You Can or our partners from identity theft or other fraudulent activity, should we be notified by You in a timely manner. You may be asked to identify yourself, for security reasons.
Subscriber warranties, rights, representations, restrictions, and obligations.
Subscriber promises, acknowledges, and agrees on behalf of itself and any other Subscribers added to their subscription (“Authorized End Users” or “Multi-User Subscriptions” that Subscriber:
- Will not transfer Access privileges to any third-parties;
- Will not access, store, distribute or transmit any Viruses;
- Will comply with all applicable laws and regulations with respect to use of the Services;
- Will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
- Will not translate, disassemble, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
- Will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
- Will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
- Is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
- Will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third-party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third-party right, or that is threatening, harassing or malicious.
Availability on Website
Subscriber recognises that the traffic of data through the Internet may cause delays during the download/streaming of information from the Website and accordingly, it shall not hold the Entity liable for delays that are commonplace in the course ofduring Internet use. Subscriber further acknowledges and accepts that the Website may not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the Entity ‘s upgrading, modification, or standard maintenance of the Website.
Third-Party Links or Information
This Website may contain links to other websites that are not operated by or related to Entity. Entity is not responsible for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Entity. A Subscriber that leaves this Website to access these third-party sites does so at its own risk.
Disclaimers of Statements/Warranties
SUBSCRIBER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENTITY NOR ANY PERSON ASSOCIATED WITH ENTITY MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ENTITY NOR ANYONE ASSOCIATED WITH ENTITY PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET SUBSCRIBER’S NEEDS OR EXPECTATIONS. ENTITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
ENTITY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
THIS SECTION APPLIES TO INDIVIDUAL SUBSCRIBER RESIDENTS OF A EUROPEAN UNION MEMBER COUNTRY: IN NO EVENT WILL ENTITY, ITS LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL LOSSES (WHERE CONSEQUENTIAL LOSSES MEANS LOSS ARISING AS A SIDE EFFECT OF THE MAIN LOSS), WHICH ARE NOT A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH MAIN LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS; (IV) LOSS OF ANTICIPATED SAVINGS; OR (V) LOSS OF DATA.
Subscriber agrees to compensate and defend fully Entity, its officers, employees, agents and/or successors, and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.