Terms of Service

These Terms of Use (“Terms”) were last updated on January 25, 2021.

Terms of Service

Welcome to lLammar Academy's Terms of Service

lLammar Academy’s mission is to improve the lives of people through provision of knowledge and resources. We enable anyone anywhere to create, use and share educational information (instructors and students) including selling and buying and allow instructors to create courses and students to enrol in these educational courses to learn. We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the lLammar Academy website, the lLammar Academy social pages, our APIs and other related services (“Services”).

Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Using lLammar Academy

  • Who May Use our Services
You may use our Services only if you can form a binding contract with lLammar Academy, and only in compliance with these Terms. When you create your lLammar Academy account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain regions and Content Offerings may have additional requirements and/or restrictions

Interpretation and Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

  • Country refers to: South Africa

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to lLammar Academy (pty) LTD, 1243 Carlton Cres.

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Service refers to the Website.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Accounts

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use lLammar Academy.

You need an account for most activities on our platform, including to purchase and enrol in a course or to submit a course for publication, sell or buy products in our platform, start community forums, join groups, connect with friends, view or apply to listings, download or upload to our library and other services. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.

You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and lLammar Academy will not intervene in disputes between students or instructors and vendors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You can terminate your account at any time you want. Check our Privacy Policy to see what happens when you terminate your account.

Privacy Policy

Your privacy is important to lLammar Academy. Please read the lLammar Academy Privacy Policy, which is hereby incorporated into these Terms (and which are part of our contract with you), carefully for information relating to lLammar Academy’s collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how we treat your personal information an protect your privacy when you use our Services, and explains the procedures by which Users, Public Users, Parent Users and Students or Instructors may view, update, correct, or delete their account and personal information

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of lLammar Academy and its licensors. 

  •  Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by lLammar Academy.

lLammar Academy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that lLammar Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

User Content and Ownership

lLammar Academy may permit (a) the posting, messaging and/or publishing by you and other Users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Postings”) and (b) the posting, creation, or modification by you and other users of computer code (including source code and object code) (“User code”) (User Postings and User Code, collectively, “User Content”). You understan that whether or not such User Content is published, lLammar Academy does not guarantee any confidentiality with respect to any submissions. Consistent with Applicable Law, as between lLammar Academy and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and lLammar Academy does not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such Content

Payments and Pricing

When you make a payment, you agree to use a valid payment method. If you are logge into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the prices currency is based on the country where you are located. We don not enable users to see pricing in other currencies

If you are a user located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting an remitting that tax to the proper tax authorties. Depneding on your location, the price you see may include such taxes, or tax may be added at checkout

You agree to pay the fees for products sold by lLammar Academy in lLammar Academy Instore and/or for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as direct debit, mobile wallet, paypal, or payfast) for those fees. lLammar Academy works with third party payment processing partners to offer you most convenient payment methods in your country and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access the product and/or you access the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment or reserve the order of product you haven’t paid.

Content and Behavior Rules

You can only use lLammar Academy for lawful purposes. You are resposible for all content that you post on our platform. You should keep the reviews, messages, questions, posts, courses, products, documents and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban or terminate your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know

You may not access or use the Service or create an account for unlawful purposes. Your use of the Service and behavior on our platform must comply with applicable local or national laws or requlations of your country. You are solely responsible for the knowledge of and compliance with such laws and 9regulations that are appplicable to you

If you are a student, the Services enable you to ask questions to the instructors of course you are enrolled in, and to post reviews of courses. For certain course, the instructor may invite you to submit content as “homework” , which we call ” Assignments” or “tests” which we call “Quizes”. Don’t post or submit anything that is not yours

If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, questions, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely reposible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Terms before you submit any course for publication on lLammar Academy

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. lLammar Academy complies with copyright laws. 

Termination

lLammar Acaademy has discretion in enforcing these Terms and  Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. We require our instructors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, or report any abuse of copyrighted content in our platform

Rules & Obligations

We require all users to follow the following rules and obligation set to set safety for all users and abide by the local or national government laws and lLammar Academy rules. We may remove or edit inappropriate content or activity identified by or reported to us. We may separately suspend, disable, or terminate a user's access to all or part of the Services.

You are prohibited from using our Services to share content that:

  • Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that users who are as young as 13 use lLammar Academy, and we do not allow content that is inappropriate for these younger users.
  • Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
  • Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
  • Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
  • Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
  • Otherwise violates the lLammar Academy Terms of Use.

You also aren’t allowed to:

  • Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone besides yourself access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
  • Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of our Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use our Services to distribute malware.
  • Use our Services or any functionality of the lLammar Academy platform for anything other than for completing online courses, selling and buying vendor products, listing and library or for pedagogical purposes.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

Please note that specific Content Offerings may have additional rules and requirements.

lLammar Academy’s rights

We own the lLammar Academy platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

Third Party Sellers

lLammar Academy will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases lLammar Academy only provides the platform to facilitate transactions between Third Party Sellers and lLammar Academy customers. lLammar Academy is neither the buyer nor the seller of these Goods unless otherwise specified.

The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. lLammar Academy is not a party to that sale.

The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.

Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

Because lLammar Academy wants the registered user to have a safe and consistent experience, lLammar Academy will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to lLammar Academy’s own Returns Policy. Should such claim escalate into being a dispute, although lLammar Academy is entitled to become involved in an attempt to resolve it, lLammar Academy is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.

eBook

  • An “eBook” means an electronic book  capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices (such as iphones and android) using the takealot.com Reader software (“lLammar Academy eReader”). The Adobe Reader and lLammar Academy eReader are “Reader Applications”. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
  • IMPORTANT – Limits to functionality and usage of eBooks:
    1. You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
    2. Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
    3. You will need to be connected to the internet when you download an eBook and open it for the first time.  On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
  • Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if lLammar Academy accepts your order, delivery will take place electronically via the internet as described below.

Paid Postings

lLammar Academy offers paid listing for vacancies, learnerships, apprenships, university listing or general listing and may charge users a fee to post Content in some specific areas of the Service (“Paid Content“). The fee permits Paid Content to be posted in a designated area of the Website. Each user posting Paid Content to the Service is responsible for the Content and compliance with the Terms. Any such fees are non-refundable in the event that any Content is removed from the Service for violating these Terms. By agreeing to these Terms you also agreed to the Terms for Featured Ads.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: support@llammaracademy.co.za

  • Submitting a contact form