Terms & Conditions

 

TERMS AND CONDITIONS FOR PROVISION OF EDUCATIONAL SERVICES BY YO’LADY® (PTY) LTD

 

These Terms and Conditions constitute a binding legal agreement between the Client and YO’LADY® (PTY) LTD.

 

IMPORTANT

 

Yo’Lady® (Propriety) Limited's (registration number: 2021/490684/07) (hereinafter referred to as “Yo’Lady®”, “we“, “us” or “our“) is the company that runs and owns the www.company.com website (the “Website“). We are who you are contracting with.

By using our Website our services, or both, you must read and accept all the terms and conditions ("T&C"). By using the Website and accepting the T&C, you agree to everything in the T&C and it is as though you have read this T&C. You cannot use the Website our any services related to it if you do not agree with the T&C.

Please also see our Privacy Policy (“Privacy Policy”) for the manner in which personal information is regulated. The Privacy Policy is hereby incorporated by reference into these T&C.

 

These T&C apply to your use of, and purchases made on, the Website.

 

1.             DEFINITIONS

 

1.1.       “Artistic Works” – means, irrespective of the artistic quality thereof, paintings, sculptures, drawings, engravings and photographs and includes the logos and other artistic images and works used in the Course Materials on the Website, advertisement material and in connection with the provision of the Services.

 

1.2.       “Client” - means you, a person or an organisation who wishes to access the Services and Course Material presented by Yo’Lady®.

 

1.3.       “Contact Sessions” – means the delivery of the Service by Yo’Lady® in a classroom setting as a physical contact session, attended by a Client.

 

1.4.       “Course Material” – means the information provided by Yo’Lady® as part of the Services in hard copy or electronic form and includes any direct or indirect expression of thought or of an idea or of a combination of thoughts or ideas in material form, any direct or indirect artistic or aesthetic expression in material form or any data in material form, and shall include (but not by way of limitation): all reports, correspondence; documentation, flow-charts; data-bases; specification; designs; tables, calculations, spread-sheets; schematics; plans; drawings, photographs; presentations; lectures; Literary Works; Artistic Works; Video Recordings and Sound Recordings in respect of which Yo’Lady® enjoys the exclusive rights of copyright to use, reproduce, record, copy, adapt and distribute.

 

1.5.       “Fees” – means the fees paid by the Client to Yo’Lady® for the Services.

 

1.6.       “Intellectual Property Rights” - means patents, industrial designs, copyrighted works and trademarks (whether registered or not), know-how and trade secrets.

 

1.7.       “Literary Work” – means, irrespective of literary quality, and in whatever mode or form expressed, pamphlets, slideshows, novels, stories and poetical works; textbooks, biographies; essays and articles; encyclopaedias and dictionaries; letters, report and memoranda; lectures and speeches; table and compilations, including tables and compilations of data stored or embodied in a computer or a medium used in conjunction with a computer.

 

1.8.       “Online Course” – means the delivery of the Service through online meeting platforms and wherein the Client will receive the Course Material in electronic format.

 

1.9.       “Personal Information” – means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –

1.9.1.     information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

1.9.2.     information relating to the education or the medical, financial, criminal or employment history of the person;

1.9.3.     any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;

1.9.4.     the biometric information of the person;

1.9.5.     the personal opinions, views or preferences of the person;

1.9.6.     correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

1.9.7.     the views or opinions of another individual about the person; and

1.9.8.     the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

 

1.10.  "Proprietary Information" – means information of either a confidential and/or proprietary nature in whatever form, and without limiting the generality of the term, shall include any of the following information and/or Course Material disclosed or communicated by Yo’Lady® to the Client in connection with or arising out of the Services, (i) whether in writing, in electronic or verbal form, and (ii) whether disclosed intentionally or unintentionally, or as a result of Yo’Lady® providing Contact Sessions or otherwise permitting the Client to visit any of Yo’Lady’s® premises:

1.10.1.     technical, scientific, commercial, financial or market information, confidential information or trade secrets;

1.10.2.     data concerning business relationships, processes, services, personnel, customers, architecture, information, demonstrations, or machinery, all information or knowledge in respect of pricing, discounts, rebates, business methods and/or models, systems and concepts, supply chain designs and strategies, trading and merchandising methods and information, card transactions and models, mathematical modelling and predictive analytics, promotional and advertising plans and strategies, marketing, financial plans and models;

1.10.3.     all information relating to procurement requirements, procurement methodologies, procurement spend and supply base;

1.10.4.     inventions, ideas, plans, designs, drawings, functional and technical information and requirements and specifications, documents, papers, memoranda, correspondence, notebooks, reports, diagrams, discs, articles, samples, test results, prototypes, formulas, manufacturing techniques, know-how, statistics, processes, instruction manuals, research and development data, samples and demonstrations, user or consumer or client data and profiles, computer programs, drawings and any other information of a confidential nature, in whatever form it may be;

1.10.5.     information relating to Yo’Lady’s® strategic objectives and planning for both its existing and future information technology needs;

1.10.6.     information contained in or constituting the Yo’Lady’s® hardware or software, including third party products, and associated material documentation;

1.10.7.     intellectual property that is proprietary to Yo’Lady® or that is proprietary to a third party and in respect of which the Yo’Lady® has rights of use or possession;

1.10.8.     information concerning faults or defects in the Yo’Lady’s® systems, hardware and/or software or the incidence of such faults or defects;

1.10.9.     agreements to which the Yo’Lady® is a party;

1.10.10. all other information in whatever form, whether or not subject to or protected by common law or statutory laws relating to copyright, patents, patent specifications and patent applications, trademarks, industrial designs, inventors’ certificates, whether registered or unregistered, or otherwise;

1.10.11. the contractual, business and financial arrangements of Yo’Lady® and other with whom it has business arrangements of whatever nature;

1.10.12. information which by its nature or content is identifiable as confidential and/or proprietary to Yo’Lady® and/or any third party; and

1.10.13. Personal Information.

 

1.11.  “Services”- means the educational service of teaching drivers of motor vehicles the mechanical basics of a motor vehicle and/or the operation of a motor vehicle, using a combination of Online Courses and Contact Sessions and includes the use of the Course Material.

 

1.12.  “Sound Recordings” – means any fixation or storage of the Course Material, or data or signals capable of representing sounds, capable of being reproduced, but does not include a soundtrack associated with a Video Recording.

 

1.13.  “Terms and Conditions” – means the terms and conditions as set out herein.

 

1.14.  “Video Recordings” – means any fixation or storage by any means whatsoever on film of the Course Material or any other material of data, signals or a sequence of images capable, when used in conjunction with any mechanical, electronic or other device, of being seen as a moving picture and/or reproduction, and includes the sounds embodied in a Sound Recording associated with the film, but shall not include a computer program.

 

1.15.  “Website” – means https://mechanic-workshop.company.site

 

1.16.  “Yo’Lady® (Pty) Ltd” – means the company which will provide the Services and may be referred to as Yo’Lady®’, ‘us’ or ‘we’, as the case may be.

 

 

 

 

 

 

 

2.             SERVICES

 

2.1.       Yo’Lady® reserves the right to vary or withdraw any of the Services described on the Website without notice.

 

2.2.       Yo’Lady® expects you, the Client, to confirm that the Services you are purchasing will meet your needs.  Yo’Lady® does not make any guarantee that the Client will obtain a particular result, professional qualification or employment opportunity from the Client’s purchase and completion of any of the Services.

 

3.             RESTRICTIONS ON THE USE AND DISCLOSURE OF THE PROPRIETARY INFORMATION

 

3.1.       The Client agrees to protect the Proprietary Information of Yo’Lady® by using the same standard of care used to safeguard its own information of a confidential or proprietary nature (but no less than a reasonable standard of care) and taking all reasonable steps to prevent any unauthorised disclosure of such Proprietary Information.

 

3.2.       The Client agrees not to use, reproduce, record, copy, adapt, distribute, modify, or create derivative works based on the Course Materials without the prior written consent of Yo’Lady®, make any notes, sketches, drawings, photographs or copies of any kind of any part of the Proprietary Information, except when reasonably necessary for the Service and then only for personal use.

 

3.3.       The Client acknowledges that any unauthorised or unlawful use or disclosure of the Proprietary Information or the Course Materials may cause irreparable loss, harm and damage to Yo’Lady®. 

 

3.4.       The Client acknowledges that monetary damages may not be a sufficient remedy for unauthorised or unlawful use or disclosure of the Proprietary Information and that Yo’Lady® shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

 

3.5.       The Client undertakes that neither it, nor any person associated with it, shall directly nor indirectly, whether for its own benefit, or for the benefit of anyone else, interfere with or infringe upon, circumvent or attempt to circumvent, avoid, by-pass or obviate the interests or statutory rights, or applications in respect thereof, of Yo’Lady®; or the interest or relationship between Yo’Lady® and clients, producers, sellers, buyers, brokers, dealers, distributors, financial institutions, technology owners, developers or any other parties; or assist any third parties in doing so.

 

3.6.       Any and all copyright subsisting in the Website, including these T&C, vests in Yo’Lady® and all rights not expressly granted are reserved. All the content, trademarks and data on this Website are the property of or licensed to Yo’Lady® and as such are protected from infringement.

 

4.             TITLE

 

4.1.       All Proprietary Information that is disclosed by Yo’Lady® to the Client (i) is proprietary to Yo’Lady®; and (ii) does not confer any rights of whatsoever nature in such Proprietary Information to the Client.

 

4.2.       The Client is not granted or assigned any rights in any of the Yo’Lady’s® Proprietary Information or in any patent, industrial design, trademark, copyright or any other Intellectual Property Right of any description, existing or future, and whether directly or indirectly.

 

 

5.             IMPROVEMENTS AND INTELLECTUAL PROPERTY

 

5.1.       Any and all improvements, developments, adaptations and/or modifications to Yo’Lady’s® Proprietary Information shall be exclusively owned by and are hereby irrevocably assigned to Yo’Lady®, for all territories internationally, in perpetuity.

 

5.2.       If the Client develops a product or process which, in the reasonable opinion of Yo’Lady® might have involved the use of any of its Proprietary Information, the Client shall, at the request of Yo’Lady®, supply to it information reasonably necessary to establish that Yo’Lady’s® Proprietary Information has not been used or disclosed.

 

5.3.       The Client undertakes that it shall not oppose, apply to revoke, or otherwise circumvent, attack or attempt to invalidate, any pending or registered IP rights of Yo’Lady® resulting from improvements, developments, adaptations and/or modifications to Yo’Lady’s® Proprietary Information, and the Client shall not assist any third party in doing so.

 

6.             ORDERING THE SERVICES

 

6.1.       In order to purchase any of the Services through the Website, the Client must register for an account on the Website. When you purchase a course from our website, you agree to provide accurate and complete information about yourself. You also agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed. Upon successful purchase, you will receive an email containing the link to access the course material. This link is for your personal use only and should not be shared or distributed to others.

 

6.2.       In order to purchase any of the Services over the telephone, please phone +27 72 840 3336, during normal business hours.

 

6.3.       In order to purchase any of the Services by email, please email Yolady_za@outlook.com.

 

6.4.       When the Client places an order for a Service, the Client is offering to purchase the Services on these Terms and Conditions and purchase of the Services implies that the Client agrees with these Terms and Conditions. 

 

6.5.       Yo’Lady® reserves the right to cancel or decline the Client’s order or any part of the Client’s order at any time until payment for the Services is confirmed.

 

6.6.       Following receipt of the Client’s order for Services, Yo’Lady® will contact the Client to confirm receipt of the Client’s order.

 

6.7.       Only once a completed order is submitted and payment is authorised or received by Yo’Lady® will there be an agreement of sale.

 

7.             ELECTRONIC COMMUNICATIONS

 

7.1.       When you visit the Website or send e-mails to Yo’Lady®, you consent to receiving communications from Yo’Lady® electronically and agree that all agreements, notices, disclosures and other communications sent by Yo’Lady® satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

 

 

 

 

 

8.             HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS

 

8.1.       Yo’Lady® does not necessarily agree with, edit or sponsor any content on web pages of hyperlinks that appear on the Website but are not from non Yo’Lady® sites No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever. No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Yo’Lady®.

 

9.             PAYMENT METHODS

 

9.1.       Credit card payments:

 

• Yo’Lady® may carry out certain fraud checks with the cardholder or the cardholder’s bank. Only payments where the validity of the transaction can be verified will be processed. Yo’Lady® is not the one collecting, storing or otherwise processing your credit card details. Instead it is PayFast, a Payment Card Industry (“PCI”) compliant payment service provider.

 

• If you chose to have your credit card information stored you will be contracting with PayFast who have their own standard terms and conditions applicable to the storage of your information.

 

9.2.       Bank deposits and Electronic Funds Transfer:

 

• The exact amount must be paid;
• The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
• No transfers may be made from ATM’s;
• Cheque deposits are subject to a clearing period;
• International bank transfers are accepted from outside the borders of South Africa; and
• Your order will be cancelled if the amount due is not paid within 5 business days.

 

10.         CANCELLATION AND VARIATION

 

10.1.  Where the Client has already paid for a Service, the Client may cancel the Service and receive a full refund provided that the Client’s request for cancellation is made 7 days before the commencement date of the Service.  Cancellations made less than 7 days before the commencement date of the Service will not be refunded.

 

10.2.  If the Client has purchased a Service and have already accessed or downloaded all or a part of the Service, then the Client will not be able to cancel its order.

 

10.3.  Notwithstanding clause 7.1, there is no other right to cancel or vary the purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of Yo’Lady®.

 

 

 

 

 

 

 

11.         REFUND PROCESS

 

All refunds shall be affected in the same manner in which payment was made unless payment was made via EFT or bank deposit. In which case we will credit your Yo’Lady® shopper profile. You may request that instead of crediting your Yo’Lady® shopper profile, we pay the amount into your bank account (but we will not pay any amount into a third party's bank account).

 

Refund Process: To request a refund, please contact our customer support team with your order details and reason for the refund. We will review your request and, if approved, process the refund to the original payment method within 14 business days.

 

Course Access: Upon requesting a refund, your access to the course material will be revoked, and you will no longer be able to view or download the content.

 

 

12.         ACCURACY OF INFORMATION

 

12.1.  Whilst Yo’Lady® endeavours to ensure that any information and content on the Website, the Course Materials or provide through any of the Services, is accurate and true, Yo’Lady® cannot make legal representation and give a legal warranty that all information or content is accurate, non-infringing of third party rights, up to date and complete.  Yo’Lady® cannot accept liability for any loss or damage caused by inaccurate, out of date or incomplete information or content.

 

12.2.  If the Client finds any inaccurate, out of date or incomplete information or content on the Website, the Course Materials or the Services, or if the Client suspects there is an infringement of intellectual property rights or unlawful acts, please advise Yo’Lady® immediately by contacting Yolady_za@outlook.com.

 

12.3.  The Client should independently verify any information and content on the Website, the Course Materials or the Services before relying on it.  The information and content on, and software available through, the Website, the Course Materials and the Services are not intended to address any particular requirements; they do not constitute any form of advice or recommendation by Yo’Lady® and are not intended to be relied upon when making (or refraining from making) any decision.

 

 

13.         LIABILITY

 

13.1.  The material displayed on the Website or the Course Material is provided without any guarantees, conditions or warranties as to its accuracy. Subject to the above qualifications, to the extent permitted by law, Yo’Lady® and third parties connected to Yo’Lady® hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by legislation or the common law.

 

13.2.  Yo’Lady® has no liability for the inability of anyone to access the Website or Services or any information or material on it, or accessing an Online Course, and Yo’Lady® does not warrant that the Website or the Services will operate without interruption, will always be available or will always remain in its current format or structure. Yo’Lady® shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use our website or course materials.

 

13.3.  Yo’Lady® is not responsible for, and will have no liability for, any error or corruption or breach of security resulting from the transmission of any information or material over any telecommunications network.

 

13.4.  In no event shall Yo’Lady’s® liability to the Client exceed any amounts paid to Yo’Lady® at the time the Client makes any claim against Yo’Lady®.

 

13.5.  Nothing in these Terms and Conditions affects the Client’s statutory rights as a consumer in terms of the Consumer Protection Act 68 of 2008.

 

 

14.         CONFIDENTIALITY

 

14.1.  Each party shall keep the other party’s Personal Information strictly confidential and not use it otherwise than for the purposes of these Terms and Conditions, and shall return it on demand and not retain copies of it.

 

14.2.  Either party may disclose Personal or Proprietary Information to its legal and other advisors for the purposes of obtaining advice from them.

 

14.3.  This clause shall continue notwithstanding termination of these Terms and Conditions.

 

 

15.         TERMINATION

 

15.1.  Yo’Lady® shall be entitled to terminate these Terms and Conditions and cease to provide the Client with any Services with immediate effect in the event that the Client:

15.1.1.       fails to pay any Fees when due;

15.1.2.      acts in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Yo’Lady®, any teacher or lecturer who provides the Contact Sessions or Online Courses or any other Client who attends any Contact Sessions or Online Courses;

15.1.3.      steals or acts in fraudulent or deceitful manner towards Yo’Lady® or our employees or any other students who may be on Yo’Lady’s® premises or attending a Contact Sessions;

15.1.4.      intentionally or recklessly damages Yo’Lady’s® property or the property of our employees or other students attending Yo’Lady’s® premises;

15.1.5.       is intoxicated through alcohol or illegal drugs while on our premises;

15.1.6.      commits any criminal offence committed on Yo’Lady’s® premises or where the victim is our employee or another Client;

15.1.7.       is in breach of these Terms and Conditions.

 

15.2.  On termination clauses 3, 4, 5, 9, and 10 shall continue notwithstanding such termination.

 

15.3.  Yo’Lady® may blacklist you on its database to refuse to accept payment, and/or to cancel any sale concluded between you and Yo’Lady® (with notice to you), to prevent suspected fraud or the unfair use of promotions.

 

16.         GOVERNING LAW

 

These Terms and Conditions shall be governed by and construed and interpreted in accordance with the laws of South Africa and the parties agree and submit themselves to the jurisdiction of the South African courts.

 

17.         WHOLE AGREEMENT

 

These Terms and Conditions constitutes the whole agreement between the parties as the subject matter hereof and no agreements, representations or warranties between the parties other than those set out herein are binding on the parties.

 

18.         VARIATION

 

No addition to or variation, consensual cancellation or novation of these Terms and Conditions (including this clause 14) shall be of any force or effect unless reduced to writing and signed by both parties or by their duly authorised representatives and no waiver of any right of either party arising from these Terms and Conditions or its breach or termination shall be of any force or effect unless reduced to writing and signed by the party waiving its right.

 

19.         RELAXATION

 

No latitude, extension of time or other indulgence which may be given or allowed by either party to the other in respect of the performance of any obligation hereunder or the enforcement of any right arising from these Terms and Conditions and no single or partial exercise of any right by either party shall under any circumstances be construed to be an implied consent by such party or operate as a waiver or a novation of, or otherwise affect any of that party's rights in terms of or arising from these Terms and Conditions or stop such party from enforcing, at any time without notice, strict and punctual compliance with each and every provision or term hereof.

 

 

20.         DISCLAIMER

 

Save for Yo’Lady® being liable to you–

• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Yo’Lady® to you via the Website; and

• under sections 43(5) and 43(6) of the ECT Act in relation to Yo’Lady®’s payment systems not being sufficiently secure,

neither Yo’Lady® nor any of its agents or representatives shall be liable for any loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, Yo’Lady® makes no representations or warranties that, amongst others, the content and technology available from this Website are free from errors or that the service will be 100% error free. You are encouraged to report any possible malfunctions and errors to www.company.com

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Yo’Lady® and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

 

 

 

 

 

 

 

 

21.         SECURITY

 

You agree and warrant that your log-in name and password shall be used for your personal use only and shall not be disclosed to any third party.

You allow Yo’Lady® to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

All credit card transactions are SSL encrypted by the PayFast service. Yo’Lady® registration documents and registered domain name are protected by a Transport Layer Security (TLS) and Secure Sockets Layer (SSL) certificate which is a security technology for sites that protects the data that your customers enter on your site: credit card numbers, social security numbers, login credentials, etc. TLS and SSL encrypts the data transfer from your site, and publishes the content securely using HTTPS.

 

 

22.         PRIVACY

 

Please see the Privacy Policy for the manner in which personal information is regulated.

 

 

23.         INTEGRITY

 

The materials published on this website are provided for general information purposes only and do not constitute legal or other professional advice. While every effort is made to update the information regularly and to offer the most current, correct and accurate information, we accept no liability or responsibility whatsoever if any information is, for whatever reason, incorrect, inaccurate or dated. We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from access to or reliance on the information contained in these pages. Yo’Lady® has also taken reasonable measures to ensure the integrity of this web site and its contents, however no warranty is given that any files, downloads or applications available via this website are free of viruses which have the ability to corrupt your system. Yo’Lady® reserves the right to make changes to these Terms and Conditions and any information contained on this website at any time.

 

24.         SEVERABILITY

 

In the event any term or provision of these Terms and Conditions is held to be invalid, it shall not affect the validity or enforceability of the remainder of these Terms and Conditions.  In the event any term or provision is held to be too restrictive, then to the extent possible, said restriction shall automatically be deemed, retroactive to the effective date hereof, to be no more restrictive than found to be reasonable to the court.