Terms & Conditions

Welcome to the Moyo Digital
Marketplace Terms and Conditions

Acceptance

The Services and Products on this Website is offered by Moyo Business Advisory (Pty) Ltd conditional to your acceptance, without modification to any/all of the terms and conditions set out here below. By digitally accessing the products and/or services on this Website / Digital Platform in the prescribed manner, you agree and consent to the policies applicable to, and accessible on, our website (www.moyoafrica.com), which policies are incorporated by reference into these Terms: namely inter alia our Privacy Policy, and any other policy that is made available on our Website from time to time ("Policies").

Having agreed to the terms and conditions, it is accepted that you have read and familiarised yourself with the content thereof.

The individual accepting the terms and conditions is responsible for adherence, including payment in accordance therewith, regardless of whether the services or products are the subject of a third party, such as a sponsor or your employer (“sponsor”), you as accepting individual / entity shall remain bound by all Terms and Condition (including but not limited to terms related to payment).

Use of the Website

You warrant that (i)all information (including personal information) provided by you in respect of any service or product offered to you on this Website/Digital Platform is true, accurate, current and complete (ii) by registration of an account with Moyo, you agree to being solely responsible for any and all use and/or amounts payable in accordance with the account, and (iii) you have the legal authority to enter into this Agreement and to use this Website in accordance with all Terms and Conditions. All personal information will be processed in accordance with our Privacy Policy.

Suitability of Course or Digital Product

You are solely responsible for exercising an election in respect of the relevance and suitability of any services and/or products offered to you on this Website/Digital Platform.

Disclaimer

By electing to use the services and/or products, on this website/digital platform, you do so at your own risk. You acknowledge and agree that Moyo does not have any obligation to verify the accuracy of any of the information provided by you, regardless of being received from a client, service provider and/or third party. No advice or information, whether oral or written, obtained from Moyo, its subsidiaries, officers, directors, employees, agents, or affiliates, or through the website/digital platform or collective content will create any warranty not expressly made herein.

You are solely responsible for all communication and/or interaction with the website/digital platform.

Moyo together with its subsidiaries, officers, directors, employees, agents and affiliates, provide this website, services and/or products and collective content “as is”, thus without warranty of any kind, either express or implied.

Without limiting the foregoing, Moyo its subsidiaries, officers, directors, employees, agents and affiliates does not warrant that the website, services and/or products included hereon, will meet the expectation or be available on an uninterrupted, secure, or error – free basis.

You are obliged to source and obtain access to the necessary software and resources required for Course completion at your own cost, and we won't be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless expressly stated otherwise.

Communication

You may receive communication by telephone, email or text message from Moyo representatives related to Course administration, including reminders of payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communication (although you may opt-out of any generic marketing communications that are unrelated at any time, through the supplied opt-out mechanism).

Prohibited Use and Activity

In using the Website, you agree not to:

• access, monitor or copy any content or information of this Website, using any robot, spider, scraper or other automated means or any manual process, for any purpose other than the intended purpose;
• Use, display or otherwise make available the Course / Product content (or any portion thereof), or any other materials, to third parties in an electronic format that enables it to be downloaded or distributed to any third party via a mobile device, or shared in any peer-to-peer or similar file sharing arrangement, or enabling the distribution of the Course content by any other means;
• deep–link to any portion of this Website for any purpose without Moyo’s express written permission;
• “frame”, “mirror” or otherwise incorporate any part of this Website, Course material and/or Product/s into any other website and/or program; or
• Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs related with the Website, Services and/or Product/s.

External websites

Certain Courses and/or Digital Products may require you to use external third-party websites which are operated and owned by independent service providers. Such third-party websites may charge a fee for use of content or services provided on the third-party website. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with the respective operators. Moyo is not responsible for technical support for any external third-party websites. If you have any queries relating to external websites contact the support services of the relevant website/s directly. Moyo will not be liable for any costs, claims or damages that you may suffer as a result of use/misuse of, or failure to access, any external website.

Course and/or Product fees

Prior to gaining access to any of the Services and/or Products payment of the amount prescribed at the time shall be made by way of utilising the payment option available on the Website/Digital Platform. When you register for a Course / Product, you agree to be liable for any and all amounts due that relates to the applicable Course / Product fee and such other amounts as may be due by you arising from your participation.

Bank charges

If any bank charges, wire fees and/or other related costs are levied on or added to / as a result of a payment made by you to us from any country or jurisdiction, you will be liable for all such bank charges, fees and/or additional costs.

Payment of VAT and other Taxes

Any VAT or other applicable taxes payable in addition to the Course / Product fees will be identified in your invoice or information pack and such amounts are your sole responsibility, unless the contrary is stated.

No liability for Course/Product outcomes

Under no circumstances will Moyo, together with its subsidiaries, officers, directors, employees, agents and affiliates, be liable for any costs, claims, damages (direct / indirect), or loss that you may sustain and/or suffer as a result of your registration and/or participation in any Course (or other Service and/or Product/s offered on this Website/Digital Platform) which is not relevant, suitable or does not meet your requirements, and/or the requirements of any relevant industry- or commercial body. Moyo does not guarantee the relevance of the Course material offered to you, nor your ability to obtain employment and/or a promotion or accredited status of any kind, within your chosen field of course/product, or attain any other outcome you may believe completing a Course will assist you to attaining.

Limitation of liability

By electing to use the Services and/or Products on this Website/Digital Platform, you acknowledge and agree that Moyo, together with its subsidiaries, officers, directors, employees, agents and affiliates will not be liable for any cost, claims, damages, including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer relating to or arising from these Terms, your participation in a Course, or the termination of a Course, for any reason whatsoever.

Acknowledgment

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Moyo, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.

Indemnity

You agree that Moyo and its principals, agents, officers, directors, consultants and employees is hereby indemnified and held harmless from or against any third – party claims, damages (direct/indirect), payments, fines, judgments, liabilities, losses, costs and expenses arising from or relating to any third – party claims, actions or proceedings arising from your booking and participation in a Course or purchase of a Digital Product.

Intellectual Property

Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trademarks and names) contained on the Website and/or Courses or otherwise provided to you by Moyo, is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.

Ownership

The Content, Platform, and Services are the property of Moyo, and is protected by all applicable copyright and trademark laws and registered and/or common law trademarks of Moyo and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part without the prior written permission of Moyo. You acknowledge that and agree that the Content, Platform, and Services, including all associated intellectual property rights (whether registered or not), are the exclusive property of Moyo.

You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the Content, Platform, and Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to any intellectual property rights owned or controlled by Moyo, except for the licenses and rights expressly granted in these Terms.

Revision of Terms

Moyo may amend, alter, add or delete these Terms and Conditions or any portion thereof from time to time in our sole discretion where we deem it necessary for any purposes, or due to changes in the Services and/or Products offered or nature or layout of this Website. These revisions will become effective immediately on being posted to the Website/Digital Platform.

Conflict

If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.

Severability

In the event that any part of these Terms is found to be partially or fully unenforceable, this will not affect the application or enforceability of the remainder of these Terms.

Entire Agreement

These terms together with the Privacy Policy on this Website/Digital Platform, shall constitute the entire agreement between Moyo and you, subject to Moyo’s right to revise in accordance with the above.

Security

Moyo undertakes to take all reasonable measures to protect the information you provide us. These measures include, but are not limited to, preventing unauthorised access or disclosure, maintaining data accuracy, and ensuring the appropriate use of the information.

Law and Jurisdiction

These terms and conditions as well as Privacy Policy is governed by the Laws of the Republic of South Africa. You agree that any cause of action that may arise under these Terms and Privacy Policy shall be commenced and be heard in the appropriate court situated in South Africa. You agree to submit to the personal and exclusive jurisdiction of the Johannesburg High Court, Gauteng Local Division.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Moyo without restriction.

No indulgence/waiver

If Moyo chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term shall be deemed a further or continuing waiver of such term.

If you have any questions about the Terms and Conditions, please contact us: hello@moyoafrica.com .