Terms & Conditions
Introduction
- These Terms of Service (“Terms”) apply to the access and use of the services offered by Lynette Beer Media (PTY) Ltd, EQ4Kids (PTY) Ltd, Wired Flip the Switch (PTY) Ltd, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd (“the Company”), sales of online personality assessments, courses, books and motivational videos (collectively, the “Service”) of Lynette Beer Media (PTY) Ltd, EQ4Kids (PTY) Ltd, Wired Flip the Switch (PTY) Ltd, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd (“Lynette Beer Media (PTY) Ltd, EQ4Kids (PTY) Ltd, Wired Flip the Switch (PTY) Ltd, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd”, “we”, “us”, or “our”).
- The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to you, whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term of condition will be grounds for immediate termination of this Agreement without notice. Lynette Beer Media (PTY) Ltd, EQ4Kids (PTY) Ltd, Wired Flip the Switch (PTY) Ltd, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd will be the sole arbiter as to what constitutes a violation of these provisions.
- To continue with the services, as more fully described above, the Client is required to commit and sign an agreement for the period for which they are contracted for, or until products have been delivered. Full once off payments will be accepted. Commencement date shall be from the date of signature of this Agreement. Should the Client wish to terminate the services as agreed upon in this Agreement, and in accordance with the Consumer Protection Act, the Client shall be liable for a reasonable cancellation fee. Such cancellation fee will be determined based on the remainder of the term of this Agreement, and will be provided to the Client, should termination occur.
- Business Hours:
- The services offered are on an online platform, therefore access is available 24/7.
- Contact persons will be available Monday to Friday from 08:00 – 16:00.
Definitions
- “Business Day” means any day other than a Saturday, Sunday, or any public holiday within the Republic of South Africa.
- “Contract” means these Terms and Conditions and the contract.
- “Final Account” means the document issued by Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd to the Client at the date of the sale of the online personality assessments, courses, books and/or motivational videos detailing outstanding balances payable by the Client to Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd.
- “Terms and Conditions” means this document.
- “Client” refers to the person or individual utilising the service of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd.
Commencement and Duration
- This Agreement shall commence on the date that an online form has been completed, terms and conditions are accepted and when total payment is made (“the commencement date”) and shall endure for an uninterrupted period until all services has been completed / online personality assessments, courses, books and motivational videos have been provided to the Client, which time period shall be determined by each party’s needs.
- Should Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration wish to cancel this Agreement, at any times of this agreed period, Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd shall provide the Client with 1 (one) calendar months’ notice in writing of its intention, together with a reasonable explanation.
Fees
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd offer payment options as stated on the website.- Various options are available to the Client.
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd requires full payment through the online platform provided before commencement of any services.
Indemnity
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd shall not be held responsible for damages and/or loss as a result of the services rendered by themselves, and the Client hereby indemnifies Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd against all claims out of:
- Any loss or damage to the person or property as a result of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd’s services offered;
- Any claims, damages, or action instituted against the Client as a result of the service offered by Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd;
- Any claims, damages or dissatisfaction for services delivered.
Breach
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd shall be entitled, without prejudice to its other or accrued rights, to cancel this Agreement forthwith in the event that:
- The Client fails to pay the fee or any other amount due in terms of this Agreement on due date;
- The Client reverses the payment made to Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd; - The Client breaches any of the other terms and conditions hereof, all of which are material, and fails to remedy same within 7 (seven) days from the date of receipt of written notice calling upon it to rectify such breach;
- The Client commits an act of insolvency.
- In the event of the Client failing to inform Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd of its intention to terminate the services of the Service Provider, the Client shall remain responsible for the fees payable until such termination is accepted by the Service Provider.
Interest
Should the Client fail to make payment of any fee or other amount payable to Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration in terms of this Agreement on due date, the Service Provided shall be entitled, without prejudice to its rights, to charge interest on such amount at a rate of 2% above the prime lending rate from time to time of the Standard Bank of South Africa Limited.
Termination
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd has the right to charge a reasonable cancellation fee should the Client elect to terminate this Agreement.
- The reasonable cancellation fee will be determined based on the circumstances of the cancellation, as well as the services rendered by the Service Provider.
- The Client acknowledges and accepts that the Service Provider may charge this reasonable cancellation fee and undertakes not to refuse such payment upon termination.
- In the event of termination of this Agreement, by either the Client or the Service Provider, such termination shall be done via written notice to the other party.
Capacity of Parties
Should
- the Client be a company, close corporation, trust, or a principal represented herein by an agent, the person/s signing this offer on behalf of the Client hereby binds himself/themselves in favour of the company as surety for, and co-principal debtor with, the Client for the due and proper discharge of all of the obligations arising from this Agreement.
- this Agreement be signed by a person acting in his capacity as a trustee for a company or close corporation to be formed, such person in his personal capacity shall be personally liable as Client under this Agreement unless the company or close corporation is formed and fully adopts and ratifies the terms of this Agreement within 30 (thirty) days of acceptance hereof by the company and:
- shall until the proposed company or closed corporation is formed and fully adopts and verifies this Agreement, be and have the rights and obligations of the Client hereunder; and
- nevertheless, binds himself by his signature hereto as surety and co-principal debtor in solidum, jointly and severally with such
company or close corporation in favour of the Service Provider, or the due fulfilment of all of the obligations of such company or closed
corporation arising here from.
- the Client consists of more than one person or party, their liability to the company in terms of this Agreement shall be in solidum.
Domicilium Citandi et Executand
- The Client chooses its domicilium citandi et executandi to be as stated in the Client Application form above.
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd chooses its domicilium citandi et executandi to be:
1215 De Villabois Mareuil Drive
Moreleta Park
Pretoria
Gauteng
0044
E-mail Address: renep.snyman@gmail.com - Any notice delivered by one party to the other at the addressee’s domicilium citandi et executandi, shall be deemed to have been received by the addressee on the date of delivery.
Intellectual Property Rights
- The Client hereby assigns Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd all rights, including, without limitation, copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets:
- developed or created by the Service Provider for the Client, solely or jointly with others, during the course of performing work for or on behalf of the Service Provider or any affiliate of the Service Provider, or the predecessors of any such entities;
- That the Client conceives, develops, discovers or makes in whole or in part during the Client contract by Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd that relate to the business of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration or any affiliate of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd or the actual or demonstrably anticipated research or development of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or any affiliate of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd; - That the Client conceives, develops, discovers, or makes in whole or in part during or after the Client’s duration of contract by Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd that are made through the use of any equipment, facilities, supplies, trade secrets or time of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd or any affiliate of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd or that results from any work the Client performs for Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or any affiliate of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or that results from any work the Client performs for Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or any affiliate of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd; or - Developed or created by the Client, solely or jointly with other, at any time before the contract period, that relate to or involve Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd’ business (including but not limited to, the business of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd group, collectively “the work product”) without limiting the foregoing, to the extent possible, all software, compilations and other original works or authorship. If, notwithstanding the foregoing, the Client, for any reason, retains any right, title, or interest in or relating to any work product, the Client agrees promptly to assign, in writing and without any requirement of any further consideration, all such right, title, and interest to Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd. Upon request of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd at any time during or after the contract period, the Client will take such further actions, including execution and delivery of instruments of conveyance, as may be appropriate to evidence, perfect, record or otherwise give full and proper effect to any assignments of right under or pursuant to the Agreement.
- The Client acknowledges and agrees that in the event of any third-party claims, Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd will not be held liable.
Copyright
In terms of Section 21 (1)(a) of the Copyright Act, ownership of a copyright shall vest in the author. The definition of an “author” in the Act includes an author in relation to documents and/or statements.
Scope of Service
The scope of services for Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd includes, but is not limited to:
- Four Colour Temperament Model
- Memberships
- Advice
- Marriage Counselling
- Other Counselling
- Relationship Counselling
- Pre-primary school syllabus
- Mental Coaching
- Parental Guidance
- Business Coaching
- Emotional Intelligence sessions
- Personality Tests
- Emotional Intelligence Development Program
- Empowerment Coaching
- Study Techniques
- Leadership Developments
- Learner Empowerment
- Healthy Family Dynamics Coaching
- Personalised sessions
- Courses
- Books
- Motivational Videos
General
- This Agreement constitutes the entire Agreement between the parties and no variation, amendment or cancellation hereof shall be of any force or effect unless reduced to writing and signed by all parties.
- Any latitude, relaxation, indulgence, or extension of time which may be allowed by Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd in respect of any matter or thing that the Client is bound to perform or observe in terms of this Agreement, shall not under any circumstances be deemed to be a waiver of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence
(PTY) Ltd’s rights at any time. Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd is entitled to, without notice, to require strict and punctual compliance with each and every provision or term herein. - In this Agreement, words importing the singular shall include the plural and vice versa, words importing the masculine gender shall include the feminine gender and words importing business shall include corporate bodies.
- The Client acknowledges that this offer and its consequences have been explained and that it is fully aware of all the implications hereof.
- In the event that Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd takes legal action against the Client because of a breach by the Client of its obligations in terms of this Agreement, the Client shall be liable for all legal costs incurred by Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd on the scale as between attorney and client including, without limitation, collection fees, tracing fees and fees of council as on brief.
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd shall, at its election, be entitled to institute action out of any Magistrate’s Court exercising jurisdiction over the Client’s person, notwithstanding that the amount of its claim would otherwise have exceeded the jurisdiction of the Court.
- Should there be any delay in the schedule on the part of the Client, Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd cannot guarantee that a time extension will be provided to the Client. The Client, along with Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd, acknowledges and agrees to punctuality in all areas.
Limitation of Liability
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd nor any of their direct or indirect affiliates, partners, members, employees, or agents shall not be liable for any losses or damages which a Client may suffer, regardless of how such losses or damages arise, unless the claims are directly attributable to fraud, dishonesty or gross negligence of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or its employees acting in the course and scope of their employment. Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd is under no circumstances responsible for any indirect, special, or consequential losses or damages.
- Neither Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd not any of their direct or indirect affiliates, partners, members, employees or agents shall be liable to the Client or its affiliates for any loss, liability, damage or expense arising out of or in connection with the performance of services contemplated by these terms and conditions, unless such loss, liability, damage, or expense shall be proven to result directly from Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or any of their direct or indirect affiliates, partners, members, employees, or agents willful misconduct.
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd shall not be held liable for any injury or sickness incurred by any Client and the Client expressly agrees that he/she will not hold Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd nor any of their direct or indirect affiliates, partners, members, employees or agents liable for any medical accounts or any other accounts as a result of injury or sickness incurred by the Client unless such injury or sickness shall be proven to result directly from Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd or any of their direct or indirect affiliates, partners, members, employees or agents willful misconduct.
- To the extent that it is not prohibited by law, in no event will Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd, or its agents, vendors, guide locations, partners, or affiliates be liable to the Client or any third party for any direct, incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages or loss of property, physical losses, death or any other damages or losses, arising out of or related to these terms.
- The service, and/or third-party services or materials, however caused, regardless of the theory of liability (contract, warrant, tort), including negligence, whether active, passive, or imputed, product liability, strict liability, or other theory and in the event that Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd has been advised of the possibility of such damages.
- In the event that negligence occurs on the Client’s part, or the part of any individuals that accompany the Client on the wedding day (such as damage to any equipment) or cause any of Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd property to malfunction or become damaged, the Client will be liable to repair or replace said equipment.
- The Client acknowledges and agrees that it is the responsibility of the Client to obtain any and all permissions and clearances with regard to venues, etc and that Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd will not be held liable for any such permissions and clearances.
Force Majeure
- If any Party is prevented or delayed in performing any obligation under this Agreement for any reason beyond the reasonable control of that Party, then that Party shall be excused from performing or timeously performing that particular obligation for the duration of that prevention or delay.
- Any Party so prevented or delayed shall inform the other in writing of that prevention or delay as soon as reasonably possible after the circumstances causing such prevention or delay has arisen.
- The Parties shall do everything reasonably possible to prevent, avoid or limit the duration or effects of any such prevention or delay. Upon termination of the circumstances giving rise to any such prevention or delay, the Party so prevented or delayed shall forthwith give written notice to the other Party.
- While any such prevention or delay continues, the Parties shall continue to comply with their obligations under this Agreement which are not affected by it, to the extent that they are able lawfully to do so, subject to the right of the other Party not prevented from continuing with all its obligations under this Agreement to cancel this Agreement by giving written notice of such termination to the other Party.
- For the purposes of this Agreement, “Force Majeure” shall mean any circumstances beyond the reasonable control of the Party concerned and shall include, but not be limited to:
- the inconsistent and/or inadequate supply of electricity by the official South African energy supplying body;
- war, revolution, riots, mob violence, sabotage, epidemics, accidents, breakdown of machinery or facilities where such are not
part of a Party’s equipment or under a Party’s control; - Industrial Action by workers, agents or employees;
- Earthquakes, floods, fires, or other natural physical disasters.
Protection of Personal Information
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd is committed to ensuring the security and protection of the personal information that Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd process, and to provide a compliant and consistent approach to data protection. Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd recognize the obligations in updating and expanding this program to meet the demands of the POPIA Act.
- Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd is dedicated to safeguarding the personal information under Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new POPIA Act. Lynette Beer, EQ4Kids, Wired – Flip the Switch, Seeds of Inspiration (PTY) Ltd, Entrepreneurs Excellence (PTY) Ltd preparation and objectives for POPIA compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls, and measures to ensure maximum and ongoing compliance.