TERMS OF SERVICE
By accessing Ditch Your Designer (“Program”) from The Homing Pigeon (Pty) Ltd (“Company,” “we,” or “us”), you and the Company agree to the following Terms of Service (“Terms of Service”), without modification, and you acknowledge reading them:
ACCESS TO PROGRAM
The Program includes, but is not limited, to course content, written content, recorded video and audio content, and discussions in Program related forums (collectively, “Materials”).
The Program and Materials may only be accessed by you – the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
Your access to the Program may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
In order to use the Program, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date.
OUR INTELLECTUAL PROPERTY
You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials.
PAYMENT FOR PROGRAM
You agree to make timely and full payments to the Company for the Program (regardless of whether you selected to pay for the Program in full or with a payment plan). The full amount for the Program is due to the Company even if you choose not to complete the Program.
You authorize Company to automatically charge the credit card on file for any and all Program balances owed and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, Company may revoke your access to the Program, without refund.
Refunds for the Program are not available. You agree to make timely and full payments to the Company for the Program even if you choose not to complete the Program. You authorize Company to automatically charge the credit card on file for any and all Program balances owed and you agree to keep this information current and up-to-date with the Company.
Email support for the Program will be available at firstname.lastname@example.org while the Program is in session.
You agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Program related forums, coaching calls, or otherwise, for the purposes of marketing or promoting the Program.
You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Program. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, your estates have or may have by reason of this authorization.
You understand that given the group format of this Program, information provided or shared with the Company or other participants, whether in the form of comments, discussions in Program related forums, coaching calls, webcasts, or otherwise are not confidential.
To access or use the Program, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you. You shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.
ERRORS, INACCURACIES, AND OMISSIONS
Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
The Company gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your results of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such results.
THIRD PARTY RESOURCES
The Program or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE THE CUSTOMER ACTUALLY PAID TO THE COMPANY FOR THE PROGRAM.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
GOVERNING LAW; VENUE
The Terms of Service shall be governed by the laws of the Province of Gauteng and any disputes arising from it must be handled exclusively in the Courts of Johannesburg, Gauteng.
RECOVERY OF LITIGATION EXPENSES
If any legal action or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at https://courses.thehomingpigeon.co.za. Any use of the Program by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
The Homing Pigeon (Pty) Ltd (“The Homing Pigeon”) is committed to protecting your privacy and giving you a safe online experience. This Statement of Policy applies to The Homing Pigeon Website (“the Website”) and governs data collection and usage. By using the Website, you consent to the data practices described in this statement.
Protection of Personal Information Act, 2013 (POPI)
You acknowledge that by using the Website and Program and by trading with The Homing Pigeon you will be providing The Homing Pigeon with personal data which may be protected by data protection legislation, including, inter alia, the Protection of Personal Information Act, 2013 (POPI). You hereby authorise us to process all such personal data for the purposes of performing the business of The Homing Pigeon legitimate business interests including statistical analysis, marketing of our services/product and credit control. You also authorise us to process and transmit your personal data in the manner contemplated in this Statement of Policy.
Collection of your Personal Information
The Homing Pigeon collects personally identifiable information, such as your email address, home or work address/or telephone numbers, The Homing Pigeon also collects anonymous demographic information which is not necessarily unique to you, such as your postal code, age, gender, preferences, interests and favourites.
The Homing Pigeon encourages you to review the privacy statements of Websites you choose to link with The Homing Pigeon so that you can understand how these Websites collect, use and share your information. The Homing Pigeon is not responsible for the privacy statements or other content on Websites outside of the The Homing Pigeon’s Website.
Use of your Personal Information
The Homing Pigeon collects and uses your personal information to operate the The Homing Pigeon Website and deliver the services / product you have requested or are interested in. The Homing Pigeon also uses your personally identifiable information to inform you of other products or services available from The Homing Pigeon. The Homing Pigeon may also contact you via surveys to conduct research about your opinion of our current services/product or of potential new services/product that may be offered by The Homing Pigeon in due course.
The Homing Pigeon does not sell, rent or lease its customer lists to third parties. The Homing Pigeon may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) is not transferred to the third party. In addition, The Homing Pigeon may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Homing Pigeon, and they are required to maintain the confidentiality of your information.
The Homing Pigeon does not use or disclose sensitive personal information, such as race, religion, or political affiliations without your explicit consent.
The Homing Pigeon keeps track of our Website and various digital pages through our customers’ visits to and within The Homing Pigeon, in order to determine what The Homing Pigeon services/products are the most popular. This data is used to deliver customised content and advertising within The Homing Pigeon to customers whose behaviour indicates that they are or may be interested in a particular service/product.
The Homing Pigeon Websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the provisions of any law in force from time to time or comply with legal process served on The Homing Pigeon or the Website; (b) protect and defend the rights or property of The Homing Pigeon; and (c) to protect the personal safety of The Homing Pigeon, its brand and/or the public.
The Homing Pigeon Website uses “cookies” to help your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Homing Pigeon services/products or the Website or page you visit.
Security of your Personal Information
The Homing Pigeon to the best of its ability secures your personal information from unauthorised access, use or disclose. The Homing Pigeon secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorised access, use or disclose. When personal information is transmitted to other Websites, it is protected through the use on encryption.
Changes to this Statement of Policy
The Homing Pigeon will occasionally update this Statement of Policy to reflect company and customer feedback. The Homing Pigeon encourages you to periodically review this Statement of Policy to be informed of how The Homing Pigeon is protecting your information.
The Homing Pigeon welcomes your comments regarding this Statement of Policy. If you believe that The Homing Pigeon has not adhered to this Statement, please contact The Homing Pigeon at email@example.com. We will use commercially reasonable efforts to promptly determine and remedy the problem.
DATED 1 July 2021