Terms of purchase.

 

DIGITS (PTY) LTD

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by HANNEKE BARLOW (“Teacher”), acting on behalf of DIGITS (PTY) LTD (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

  1. TERMS.

    • Upon execution of this Agreement, electronically, verbally, or otherwise, the Teacher agrees to provide services in accordance with the products, programs, and/or services (collectively known as the “Services”) as outlined on http://digitsaccounting.co.za and/or any associated domains (collectively known as the “Website”).

    • The scope of Services rendered by the Teacher pursuant to this Agreement shall be solely limited to those provided for on Teacher’s Website and/or the Sales page associated with said Services.

    • Teacher reserves the right to substitute Services equal to or comparable to the Services offered for Client if reasonably required by the prevailing circumstances.

    • Client agrees to be open, present and prepared to complete the work. Client is responsible for his/her own success and implementation of objectives met.   

    • Depending on the Services purchased, some materials may be delivered through a membership site. The Client shall not damage the membership site or engage in any illegal or fraudulent activity and the Company reserves the right to remove the Client at any time.

    • Company provides Client with a single-user license authorising Client to use the materials for their individual purposes only. Client shall not share, copy, distribute, disseminate, or sell the materials and/or any login information for either commercial or non-commercial purposes.

    • The Services may include a complimentary Facebook group (“Group”). The Company is not liable for any limitation of access to Group caused by Facebook. The Client shall abide by any guidelines set forth in Group, and Teacher or Company may suspend Client’s access to Group at any time and for any reason. The Company and Teacher may archive or delete Group at any time and for any reason. 

  2. DISCLAIMERS. The Teacher may provide the Client with information relating to products that the Teacher believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or teaching provided.

    The Teacher may provide Client with third-party recommendations for such services as financial planning, financial wellness, accounting, or other accounting and tax services. Client agrees that these are only recommendations and the Teacher will not be held liable for the services provided by any third-party to the Client. The Teacher is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.

    Any testimonials, or examples shown through Teacher’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular financial outcome based on the use of Teacher’s programs and/or services. Client acknowledges that Teacher has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of Teacher’s website, programs, products or services.

  3. PAYMENT AND REFUND POLICY.

    • Upon execution of this Agreement, Client agrees to pay to the Company the full purchase amount.  

    • The Company does not offer refunds. There are no exceptions to the refund policy.

  4. INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of the Services, the Teacher maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Teacher to the Client, nor grant any right or license other than those stated in this Agreement.

  5. IF APPLICABLE: RECORDING AND REDISTRIBUTION OF CLASSES. Client acknowledges that group teaching sessions and/or group calls may be recorded. Client also acknowledges that the recordings may be redistributed and/or resold at a later date as part of a separate package sold by the Teacher.

  6. RELEASE. Company may take photographs, videos, audio recordings, or other recordings during Services that Company may use for future commercial or non-commercial purposes. Client agrees and understands that by participating in the Services, Client is consenting to being recorded and photographed and to the use of Client’s likeness, writing, and voice in any media in perpetuity by Company for whatever purpose as Company sees fit.

  7. NON-DISPARAGEMENT. Client agrees, during and after participation in the Services, to refrain from making any statements, whether oral or in writing, that negatively impact Company’s program, business, services, products, or reputation.

  8. GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

  9. DISCLAIMER OF WARRANTIES. The information, education, and teaching provided to the Client by the Teacher under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.

  10. LIMITATION OF LIABILITY. By using DIGITS (PTY) LTD services and purchasing these Services, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Teacher will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Services. Client agrees that use of these Services are at the Client’s own risk.

  11. ASSIGNMENT. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns.  Client may not assign its rights under this Agreement as this program is non-transferable.

  12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

  13. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.