LeadMe's Terms and Conditions
LeadMe's Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) govern your (the “Client”) use of the LeadMe (the “Provider”) website located at the domain name www.leadme.academy or any of its related blogs, websites, content, courses, services or platforms (the “Website”). The Client acknowledges and agrees that access to the Website is provided only in accordance with these Terms and Conditions. By using the Website, the Client indicates that they have read these Terms and Conditions, that they accept that these Terms and Conditions are binding on them, and they agree to abide by these Terms and Conditions.
Any questions or concerns regarding these Terms and Conditions can be directed to [email protected].
LeadMe provides techniques aimed at developing personal and leadership development through micro-learning, including the use of written material, videos and other mediums of communication available on and through the Website (“LeadMe Programme”).
The LeadMe programme is available for use on an individual and corporate basis.
LeadMe is a personal and leadership development platform for adults. By agreeing to these terms and conditions the subscriber confirms that they are 18 years or older. LeadMe may not be held liable for any minors who make use of the platform. Should any minor make use of the service, the legal guardian holds full responsibility for any and all consequences that may be associated with the Minor’s use of LeadMe’s platform, services, content, techniques, staff or any aspect of the LeadMe platform or product.
The Provider provides Content to increase self-awareness, personal development and leadership capabilities and facilitates the implementation of a range of techniques associated with but not limited to these areas.
LeadMe offers both group and individual coaching services as an additional service to that of the LeadMe programme. LeadMe appoints coaches of various expertise and training to offer the coaching sessions to the Client and participants of the LeadMe programme. The Client has the option to select between group coaching sessions or individual one on one coaching sessions.
Individual Coaching Sessions
If the Client selects to add the service of individual coaching sessions to their LeadMe Programme they will be assigned a coach or have the option to select their personal coach based on that coach's background, education, experience and qualifications.
Group Coaching Sessions
If the Client selects to add group coaching sessions to their LeadMe Programme, they will have access to the LeadMe Programme Coaches. A LeadMe programme Coach will be assigned to the client or specific group by LeadMe. LeadMe Programme Coaches are trained in the LeadMe Programme as well as the manner in which to facilitate group sessions based on the LeadMe Programme content and structured team sessions.
(all LeadMe services, including, without limitation, the Individual and Group Coaching Services are hereinafter referred to collectively as the “Services”)
Payment & Privacy
The Provider provides the Services to the Client on the basis of a time-based subscription. The onus is on the relevant Client to maximise the access of the Website and its Content during the period of the relevant Client’s subscription (the “Subscription Period”).
Corporate Client Rates
Corporate client rates are customised based on the corporate client's specific requirements and payment terms as agreed.
Unused subscriptions of registered individuals may be transferred to other users within the subscription period and taking into account the termination parameters below.
Once a subscription is purchased (the purchase date being considered the earlier of an official launch date or payment date) or initiated, it may be kept or put on hold for a specified period of time. For 12-month subscriptions, there is a 3-month holding period. Once the holding period has expired, the subscription's monthly units will automatically be initiated and used up as per a normal subscription that is being actively used.
A subscription that is initiated but unused within the first month of commencement may be transferred to another user.
Individual Client Rates
Clients are required to authorise a debit order or any other recurring billing method, to be in effect for the duration of the Client’s Subscription Period, made available by the payment platforms listed below under “Payment Platforms”.
Monthly payment shall be made on the day of initial sign up, prior to the relevant month of the Subscription period.
The Provider reserves the right to change the subscription amounts as and when it requires, subject to 30 (thirty) days’ prior written notice.
In accordance with consumer protection laws, should the subscription amounts change, the Client will have the right to cancel the agreement, subject to providing the Provider with 20 (twenty) Business Days’ prior written notice.
Personal Information and Privacy
The Provider complies with, and facilitates the obligations required from, the South African Protection of Personal Information Act, No. 4 of 2013 (“POPI”), as amended. The Provider is committed to keeping the personal information of registered individuals secure and confidential. Personal Information is processed by the Provider as is appropriate in the ordinary course of business to provide the products and services the Client has requested; for the purpose/s for which we tell you that such information has been collected and for other legitimate purposes permitted by applicable law.
The Responsible Party (as defined in POPI) in this instance will be the Client (being the Organisation that contracts directly with LeadMe) in accordance with the Service Level Agreement entered into during the sales process.
The Client agrees that any individual or group data or other statistical data (Aggregated Data) can be collected from them through their subscription with the Provider and use of the Website. The information will be of a general nature only, is not intended to address the specific circumstances of any particular individual or entity and is not necessarily comprehensive, complete, accurate or up to date as it pertains to a particular individual.
Use of Personal Information
The Provider will use the personal information of registered individuals to register them on the online learning platform. For this purpose we will only need their name, surname, email address, contact number and title.
Each registered individual will be required to accept the Provider’s Terms and Conditions upon initial access to the LeadMe platform. Acceptance of these Terms and Conditions includes consent for the Provider to use the registered individual’s information for marketing purposes via email or telephone. Should they no longer wish to receive marketing information from the Provider via email or telephone they may unsubscribe at any time by sending the Provider an email, after which we will desist from marketing within 7 (seven) days.
Only the relevant and appropriate Provider staff will have access to registered individuals accounts and account profile information. The information viewed and collected from these accounts/profiles is used to enhance their development experience by ensuring that techniques are done correctly. This serves to improve the quality of their personal and professional development training. The Provider staff will keep all such information from their accounts/profiles confidential. The Provider staff may contact individuals directly via phone to check in with them in the event of urgent matters or situations requiring immediate attention.
Any registered individuals who were signed up through your corporation will be monitored by the assigned manager from your corporation. This includes information on progress monitoring as well as individual and group statistical data.
The Provider collects all data from the user experience for research purposes. No identifiable personal information will be included in this data. The Provider holds the rights to this data (to publish and share) as it sees fit.
Security of Personal Information
We cannot guarantee absolute security of registered individuals’ personal information. We will however, take all reasonable steps and measures to ensure its security. If we detect a breach in our security, we will take immediate action to address the issue and notify your registered individuals if there is a threat to the security of their personal information.
Personal Information that is provided through this Website may be shared with third parties or business partners in order for us to deliver our part of the service. As this information may be stored and processed overseas, we put in place data transfer agreements (which are considered appropriate safeguards) with each company that processes Personal Information outside of the Territory. These agreements require that, wherever your Personal Information is held, it is protected to the same high standard as required by law in terms of POPI.
The Client may visit the Website without providing any personal information. The Website servers will in such instances collect data to improve the Client experience. The Provider will also use this information to determine how the Website is used and to improve Content. The Provider may process, distribute or otherwise use such information without limitation, subject to applicable law.
The Client may not cancel a corporate subscription within the first 90 (ninety) days of their subscription period but are entitled to cancel their corporate subscription at any time after the first 90 days, provided that the Client notifies the Provider in writing, via email to [email protected], on or before the 25th (twenty fifth) day of the month preceding the Client’s last month using the Services.
In the event that the Client cancels its subscription, the Client shall forfeit one half of the total monthly subscription rate of the months remaining, following the notice period The Provider will refund the balance of the subscription fee to the Client within 90 (ninety) days of termination. Any deposit paid by the Client shall be non-refundable.
Copyright and Intellectual Property Rights
The Provider provides certain information on the Website. Content displayed on the Website is provided by the Provider, its affiliates, and/or subsidiaries, or any other third party owners of such content, and includes, but is not limited to, literary works, artistic works, sound recordings and cinematograph films. All such proprietary works, and the compilation of the proprietary works are owned by the Provider, its affiliates, and /or subsidiaries, 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 from time to time.
All rights in and to the Content are reserved and retained by the Owners. Except as specified in these Terms and Conditions, the Client is not granted a license or any other rights, including without limitation under Copyright, Trademark, Patent or other Intellectual Property Laws in or to the Content.
The Provider collects data for research purposes. This data includes the results of assessments, surveys, activities, reflection activities, and other data. The Provider holds the rights to this data to publish and but will only do so with the Client’s consent.
The Client shall have no right to use or reproduce any of the processes, techniques, presentations, methodologies, precedents and materials used in the Coaching activities (‘Materials’). The Client must not at any time use or reproduce the Materials in any manner, shape or form (except for your own personal use) and shall ensure that none of your servants, agents or any related bodies corporate use or reproduce the Materials in any manner, shape or form. The Client shall indemnify and keep LeadMe indemnified in respect of any loss or damage caused or sustained by me in the event of your breach of this paragraph.
Third-Party Links on Website or otherwise
Limitation of Liability
The Provider (including its affiliates, shareholders, agents, independent contractors, consultants and employees) and the Website do not represent or hold themselves out to be qualified healthcare professionals. The information on the Website is not, nor is it intended or implied to be, a substitute for professional medical advice, diagnosis and/or treatment and should not be treated as such.
The information contained on the Website is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the services or the information contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Any health information and/or links on the Website, whether provided by LeadMe or by contract from outside providers, is provided simply for your convenience and should be confirmed with your personal healthcare professional in relation to your personal health circumstances before being relied on or employed.
The Services are in no way a replacement for any medical or pharmaceutical medication or professional counseling or treatment. The Provider accepts no liability for any decision the User takes regarding the commencement or discontinuation of such pharmaceutical or medical (psychiatric or otherwise) medication or treatment. Likewise the Provider is not liable for decisions any User takes to discontinue any counseling service or treatment (professional or informal) that the User has been engaged in prior or during their use of the Provider’s personal development training.
Never disregard professional medical advice or delay seeking medical treatment because of something you have read on, or accessed through, this Website.
Notwithstanding anything to the contrary, you assume full responsibility for your own use of the Website and services. In no event shall LeadMe be liable to you, your heirs, or assigns or to any third party for any loss, death, damage, or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Services or other activities you undertake in connection with your use of the Website and/or services.
You agree to indemnify and hold LeadMe and its directors, officers, shareholders, investors, managers, employees and agents harmless, to the fullest extent permitted by law, from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Services or any products offered by the Provider, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Services or any products offered by the Provider, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Services or any products offered by the Provider; or (iv) your breach or violation of the law or of these Terms. LeadMe reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with LeadMe defense of such claim.
The Provider is in no way affiliated with or accredited by the Health Professions Council of South Africa (HPCSA) or any other council, body or institute.
LeadMe makes no representation or warranty to the Client or any participant that any of the coaching methods or the Coaching Sessions will work for your particular circumstances. Neither the Client nor any participant will hold LeadMe or the coaches responsible for the failure (in whole or part) to achieve any of the goals for the outcome of the LeadMe Programme.
The Client and any participant acknowledges that the Coaching Sessions may be personally, emotionally, and physically challenging and that there may be occasions on which they will feel emotional challenges – including frustration, annoyance or stress. The Client and any participant must make all efforts and schedule all Coaching Sessions at such times to ensure their peak physical, mental, and emotional state and condition necessary for the conduct of the Coaching Session and shall (if necessary) take all steps to cancel any Session in the event that they are not well enough to continue.
The Client and any participant will not hold coaches liable for any loss or cost incurred by them (or any person related to them) in the event of mental, physical, emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to the Coaching Sessions, the Services or any products offered by the Provider.
The Client may not access, display, use, download, and/or otherwise copy or distribute any content including text, graphics, images and information, contained on or available through the Website (the “Content”) for marketing and/or other purposes without the prior written consent of the Provider, which consent the Provider reserves the right to refuse.
Third Party Websites
Clients may find advertising or other content on the Website that links to third party websites and services of the Provider’s suppliers, advertisers, sponsors, licensors and other third parties. The Provider does not control the content or links that appear on these third-party websites and is not responsible for the practices employed by third party websites linked to the Website. These third-party websites and services may have their own privacy policies and customer service policies. Browsing and interaction on any third-party website, including third party websites which have a link to our Website, is subject to that third party website’s own terms and policies.
Choice of Law
This Website is controlled, operated and administered by the 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. If the Client accesses this Website from locations outside of South Africa, that Client is responsible for compliance with all local laws.
These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the Client consents to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, in the event of any dispute. This consent shall be without prejudice to the rights of the parties to institute legal proceedings in any competent court with jurisdiction.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions, with annexures, constitute the entire agreement between the Provider and the Client with regard to the use of the Content and this Website.
The Provider Staff will keep all confidential information available on client accounts/profiles confidential, except in the following instance: where information is shared by clients on accounts/profiles that places the Provider and/or their Staff under any ethical, legal or professional obligation to divulge this information to relevant parties in terms of any South African or international laws or ethical standards of any professional registration the Provider Staff may hold with any professional board.
Generally, in terms of applicable ethical standards, Provider Staff are obligated to report concerns that someone might harm themselves or others and must report abuse of any child or vulnerable adult to relevant authorities.
These Terms and Conditions and any document expressly referred to in them constitute the whole agreement between the parties and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the parties relating to their subject matter. Both parties acknowledge that neither relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions. Both parties agree that the only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.
Warranties in favour of the Provider
The Client warrants that when using the Website they will do in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
- The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- You must not impersonate other people, particularly employees and representatives of LeadMe or Our affiliates; and
- You must not use the Website for unauthorised mass-communication such as "spam" or "junk mail".
The Client acknowledges that the Provider reserves the right to monitor any and all communications made to it by the Client.
The Client acknowledges that the Provider may retain copies of any and all communications made to it using the Website.
In order to procure Services on the Website and to use certain other parts of the Website the Client is required to create an Account which will contain certain Personal Information and Payment Information which may vary based upon the use of the Website.
By continuing to use the Website the Client represents and warrants that:
all information submitted is accurate and truthful;
it has permission to submit Payment Information where permission may be required; and
the Client will keep this information accurate and up-to-date.
It is recommended that the Client does not share its Account details, particularly the username and password. The Provider accepts no liability for any losses or damages incurred as a result of the Client's Account details being shared. If the Client uses a shared computer, it is recommended that it does not save the Account details in the internet browser.
If the Client has reason to believe that its Account details have been obtained by another person without consent, the Client should contact the Provider immediately to suspend its Account and cancel any unauthorised orders or payments that may be pending.
Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying the Provider of the unauthorised nature of the order or payment then the Client shall be charged for the period from the commencement of the provision of services until the date it notified the Provider and may be charged for a billing cycle of one month.
Termination and Cancellation of Accounts for Individuals
Either the Provider or the Client may terminate an Account. If the Provider terminates the Account, the Client will be notified via email and an explanation for the termination will be provided. Notwithstanding the foregoing, the Provider reserves the right to terminate without giving reasons.
If the Provider terminates the Account, any current or pending orders or payments on the Account will be cancelled and provision of the Services will not commence.
Services, Pricing and Availability
Whilst every effort has been made to ensure that all general descriptions of the Services available from the Provider correspond to the actual Services that will be provided to the Client, the Provider is not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on the Client's individual requirements and circumstances.
The Provider reserves the right to make changes to the content and services at any point in time.
Where appropriate, the Client may be required to select the required Plan of Services.
The Provider neither represents nor warrants that such Services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the Website.
All pricing information on the Website is correct at the time of going online. The Provider reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
All prices on the Website do not include VAT. The Provider is not yet liable for VAT and therefore not VAT registered and does not possess a VAT number.
Orders and Provision of Services
No part of this Website constitutes a contractual offer capable of acceptance.
The Client's order constitutes a contractual offer that the Provider may, in its sole discretion, accept. In the case of corporate clients, the Provider's acceptance is indicated by it sending to the Client an invoice and an outline of services where required (service level agreement).
Only once the Provider has sent to the Client an order confirmation email will there be a binding contract between the Provider and the Client.
In respect of individual clients, if the Provider for any reason, does not accept an order, no payment shall be taken under normal circumstances. In any event, any sums paid by the Client in relation to that order will be refunded within 14 calendar days.
Changes to the Facilities and these Terms and Conditions
The Provider reserves the right to change the Website, its Content or these Terms and Conditions at any time. The Client will be bound by any changes to the Terms and Conditions. If the Provider is required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by in the future.
Availability of the Website
The Website is provided “as is” and on an “as available” basis. The Provider uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. The Provider gives no warranty that the Website will be free of defects and / or faults and the Provider does not provide any kind of refund for outages. The Provider provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Provider accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.