These Terms and Conditions of Use ("Terms") were last updated on 7 July 2021.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Welcome to my website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with my privacy policy governs Fran Piggott's relationship with you in relation to this website.
If you disagree with any part of these terms and conditions, please do not use my website.
Please also refer to my privacy policy and disclosure policy which I refer to in this policy.
The term 'Fran Piggott' or 'us' or 'we' refers to the owner of the website whose registered office is Forest Hills Road, Waterfall, KwaZulu Natal, South Africa.
The term 'you' refers to the user or viewer of this website: the-marketing-guru.com.
Fran Piggott’s mission is to improve lives through learning to enable anyone anywhere to enroll in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to its users. We need rules to keep our platform and services safe for you and our student community. These Terms apply to all your activities on the-marketing-guru.com website, mobile applications, our APIs and other related services (“Services”).
Fran Piggott also provides details regarding its processing of personal data of its students in its Privacy Policy.
Accounts
You need an account for most activities on this 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 Fran Piggott know by contacting support@the-marketing-guru.com. You must have reached the age of consent for online services in your country to use the-marketing-guru.com.
You need an account on this site to enroll in a course. 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 Fran Piggott 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 without their permission. If you contact Fran Piggott to request access to an account, Fran Piggott will not grant you such access unless you can provide it the login credential information for that account. In the event of the death of a user, the account of that user will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and Fran Piggott will not intervene in disputes between students who have shared account login credentials. You must notify Fran Piggott 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 support@the-marketing-guru.com. Fran Piggott may request some information from you to confirm that you are indeed the owner of your account.
Students must be at least 18 years of age to create an account on the-marketing-guru.com and use the Services. If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.
You can terminate your account at any time. Check our Privacy Policy to see what happens when you terminate your account.
Course Enrollment and Access
When you enroll in a course, you get a license from us to view it via the-marketing-guru.com Services and no other use. Don’t try to transfer or resell courses in any way. We grant you unlimited access, except when we must disable the course because of legal or policy reasons.
As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Fran Piggott a license to view the course via the-marketing-guru.com platform and Services, and Fran Piggott is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, Fran Piggott grants you (as a student) a non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sub-license, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by ourselves. This also applies to content you can access via any of our APIs.
We generally give an unlimited access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons.
When you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you’ve started and completed, and other items submitted to satisfy course requirements.
Payments and Refunds
When you make a payment, you agree to use a valid payment method. If you aren’t happy with your course, you can cancel your purchase of this course within 14 days from the date of transaction and receive a refund, provided that you have not started downloading or streaming any part of the course, subject to our intellectual property rights and copyright laws as defined in the Privacy & Cookie Policy.
Pricing
You agree to pay the fees for courses that you purchase, and you authorize PayPal to charge your debit or credit card or process other means of payment for those fees. Fran Piggott works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.
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 to the course you are enrolling in, you agree to pay PayPal 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 payments.
If you make purchases, we collect certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to my payment processing partners, including your name, credit card information, billing address and zip code. For security, Fran Piggott does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
Refunds
If the course you purchased is not what you were expecting, you can request, within 14 days of your purchase of the course, that we refund your account. We reserve the right to apply a refund, at our discretion. No refund is due to you if you have started downloading or streaming any part of the course. No refund is due to you if you request it after the 14-day guarantee time limit has passed.
To request a refund, contact support@the-marketing-guru.com.
At our discretion, if we believe you are behaving in an abusive manner, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any refund.
Content and Behaviour Rules
You can only use the-marketing-guru.com for lawful purposes. You’re responsible for all the content that you post on our site. You should keep the questions, comments, posts and other content you upload in line with the law, and respect our intellectual property rights. We can ban your account for repeated or major offenses.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our site must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions for courses you are enrolled in, and to post comments or expertise on course content.
You are solely responsible for any content and actions you post or take via the site and Services and their consequences.
Fran Piggott has discretion in enforcing these Terms. We may terminate or suspend your permission to use our Services or ban your account at any time, with or without notice, for any violation of these Terms, or if you fail to pay any fees when due, or upon the request of law enforcement or government agencies, or for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the 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 Services.
Marketing Guru's Rights
Fran Piggott owns the Services, including the website, future apps and services, and things like our logos, API, code, and content. You can’t tamper with those or use them without authorization.
All right, title and interest in and to the Services, including our website, our future applications, our APIs, databases, and the content our partners submit or provide through our Services (but excluding content provided by students) are and will remain the exclusive property of Fran Piggott. Our services are protected by copyright and other laws of both the United States and foreign countries. Nothing gives you a right to use the Marketing Guru name or any of the Marketing Guru logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the Services:
Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
Binding Agreement
You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with Fran Piggott. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Course Enrollment and Access, Fran Piggott’s Rights to Content You Post, Using the-marketing-guru.com at Your Own Risk, Fran Piggott’s Rights, Miscellaneous Legal Terms, and Governing Law and Jurisdiction.
Disclaimers
It may happen that our website is down, either for planned maintenance or because something goes down with the site. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and my affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Fran Piggott or our affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage, natural disaster, electrical, internet, or telecommunication outage, or government restrictions.
Limitation of Liability
There are risks inherent into using our Services, for example, if you enroll in a course, and you don't achieve your outcome. You fully accept these risks and you agree that you will have no recourse to seek damages against, even if you suffer loss or damage from using our Services. In legal, more complete language, to the extent permitted by law, we (and my suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
Indemnification
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if I so request), and hold harmless Fran Piggott, and our suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
Governing Law and Jurisdiction
This policy and the use of this Site are governed by South African law. If a dispute arises under this Policy we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Durban, South Africa. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Durban, South Africa under the rules of the South African Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
the-marketing-guru.com is controlled, operated and administered entirely within South Africa.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@the-marketing-guru.com).
No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
Jurisdiction-Specific Rules
Fran Piggott resides in South Africa, and in order to provide the Services to you we must transfer your data to the United States and process it there. By visiting or using our Services, you consent to storage of your data on servers located in the United States. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries. Specifically, personal data collected in Switzerland and the European Economic Area (“EEA”) is transferred and stored outside those areas.
That data is also processed outside of Switzerland and the EEA by Fran Piggott, or our service providers, including to process transactions, facilitate payments, and provide support services as described above. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Services, you consent to this transfer, storage, and processing by the-marketing-guru.com and its processors.
Promotions and Surveys
We may invite you to complete a survey or participate in a promotion, either through the Services or a third-party platform. If you participate, we will collect and store the data you provide as part of participating, such as your name, email address, or phone number. That data is subject to our Privacy Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notifying winners and distributing rewards. To receive a reward, you may be required to allow us to post some of your information publicly (like on a winner’s page). Where we use a third-party platform to administer a survey or promotion, the third party’s privacy policy will apply.
Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Fran Piggott reserves the right in our sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
How to Contact Fran Piggott
The best way to get in touch with us is to contact support@the-marketing-guru.com.