Be A Better Human (“BABH”) operates in the Online Education Industry. We offer an e-commerce, micro-learning site dedicated to various courses. BABH has a mission to create an integrated online learning platform that offers high quality courses that are educational, factual and offer fast learning in an effective manner.
The short courses are designed to take no more than 20 minutes to complete, which makes them easily accessible and can be completed on the go and each course is created and then approved by a linked charity.
The main objective of these courses is to make individuals better humans and at the same time donate 20% of the course fee towards the linked charity while the individuals completes the course.
Furthermore, the affiliate that created the course will also earn 20% of the course fees.
The user will receive a certificate upon completion of the course
This website is operated by BABH (“we”, “us”, “our” and “Provider”). BABH offers this website, including all information, tools, and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms and Conditions (“Terms and Conditions”, “Terms of Service”, “Terms” ) govern your (“the User”, “you”, “Student”) use of the BABH website located at the domain name https://www.learntobeabetterhuman.com/ (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the Website for marketing and other purposes without the consent of the Provider.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all Users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ACCOUNTS/PROFILE
You need to set up an account/profile for most activities on our Website, including to purchase and enrol in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. Keep your password somewhere safe because you are responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team on email@example.com
You must have reached the age of consent for online services in your country to use the site.
You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
Should you require assistance setting up your account, you can email firstname.lastname@example.org with any questions.
SECTION 2 - E-COMMERCE & PRIVACY
The Website https://www.learntobeabetterhuman.com/ is a e-learning platform, enabling users to purchase and complete courses. The use of any course bought from this Website is at the User’s risk. The purchaser/User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the course sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties, unless express consent has been obtained from the User. Only the necessary information may be shared with third-parties, affiliates, and partners.
The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for courses sold. The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
SECTION 3 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 4 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by the Provider.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 5 - COOKIES
- What is a cookie?
A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what is in your shopping cart.
Our Website utilises first and third-party cookies. This enables us to: a) Improve the User’s experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools.
- Cookie Opt-Out
Most web browsers provide the option to block some or all cookie types should you wish to. Because many of our Website’s features utilise cookies, we recommend that Users do not block them.
SECTION 6 - PAYMENT OPTIONS
Payment may be made via PayPal, Instant EFT, Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.
When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (7) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
SECTION 7 - REFUNDS & CANCELLATION POLICY
If on receiving your course you are not satisfied with your purchase, let us know within 7-days and we will gladly assist with your query and provide you with a refund should this be required, subject to the relevant terms and conditions.
Cancelled orders on the e-commerce facility will be refunded less any associated administrative costs. We reserve the right to apply your refund as a refund credit or a refund to your original payment method less any associated administrative costs at our discretion, depending on capabilities of our payment processing partners, and other factors.
No donations to content creator(s) and/or NGOs (charity) will be processed once a refund is processed.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if the course is insufficient or the quality of course ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
No refund is due to you if you request it after the 7-days guarantee time limit has passed. However, if a course you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond this 7-days limit. BABH
also reserves the right to refund students beyond the 7-days limit in cases of suspected or confirmed account fraud.
If we decide to issue refund credits to your account, they will be automatically applied towards your next course purchase on our website. Refund credits may expire if not used within the specified period, and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms you will not be eligible to receive a refund.
Any complaints regarding the standard and quality of the course or course bought by consumers through the e-commerce facility should be directed to email@example.com
SECTION 8 - PERSONAL INFORMATION
SECTION 9- CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for the Provider via approved payment gateways. Our payment gateways use the strictest form of encryption and no credit card details are stored on the website.
SECTION 10 - CUSTOMER DETAILS SEPARATE FROM CARD DETAILS
Customer details will be stored by the Provider separately from card details.
SECTION 11 - MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
SECTION 12 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
The Provider takes responsibility for all aspects relating to the transaction including sale of courses sold on this website, customer service and support, dispute resolution and delivery of courses.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 13 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 14 - PRODUCTS OR SERVICES
Our products or services are available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange as detailed on Section 7 above.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service offering at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 15 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 16 - OPTIONAL TOOLS &- THIRD-PARTY LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as-is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 17 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 19 - COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent, or other Intellectual Property Rights in or to the Content.
SECTION 20 - LIMITED LICENSE TO GENERAL USERS
We grant to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of the Provider. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website without the express permission of a guardian.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
SECTION 21 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any regulations, rules, or laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 22 - CONSUMER RIGHTS
We draw to your attention that you may be entitled to certain consumer rights in terms of the ECT Act and/or the CPA and other applicable laws.
No provision of these Terms and Conditions is to be interpreted or construed as excluding, limiting or waiving any rights which you may have, or avoiding any obligation which we may have, in terms of the Electronic Communications and Transactions Act, 2002 (“ECT Act”), and the Consumer Protection Act, 2009 (“CPA”) or any other applicable laws, whether in South Africa or any other country having jurisdiction (unless such laws permit the parties to agree otherwise). These Acts can be downloaded on respectively, https://www.gov.za/documents/electronic-communications-and-transactions-act
SECTION 23 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as-is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BABH , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
SECTION 24 - PRIVACY: CASUAL SURFING
The User may visit the Website without providing any personal information, however no course can be registered for or completed without an active profile and logging onto the site. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute, or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
SECTION 25 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BABH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 26 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 27 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 28 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 29 - GOVERNING LAW
This Website is controlled, operated, and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa.
SECTION 30 - BREACH
Without prejudice to any other rights we may have, we may claim damages from any person who contravenes these Terms and Conditions and as a result of which we suffer any loss, liability, harm or damage.
Any relaxation or indulgence which we may show to you from time to time or any failure by a party to exercise or enforce any right or provision of these Terms and Conditions is without prejudice to and does not constitute a waiver of any right or provision either in these Terms and Conditions or any law.
No waiver will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
SECTION 31 - RESOLUTION OF DISPUTES
If we are unable to resolve a dispute between you and us concerning the interpretation or application of these Terms and Conditions, any party who wishes to pursue that dispute may, subject to these Terms and Conditions, and without prejudice to any other remedy that such party may have, refer the dispute to arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa.
Such arbitration proceedings shall be conducted in Johannesburg in English.
The arbitration ruling will be final, and the unsuccessful party will pay the costs of the successful party on an attorney and own client scale.
The expedited rules of the Arbitration Foundation of Southern Africa may be downloaded from the following website: http://www.arbitration.co.za
SECTION 32 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to: firstname.lastname@example.org