1) General

 

These General Terms and Conditions of Use (“Terms”) are entered into by and between you and The Elolead Institute (EI”). This Agreement governs the relationship between EI and you, our site visitor (“you” or “your”), with respect to your use of the Internet site (the “EI Site”) and your purchase of any services from the EI Site. By visiting or using the EI Site, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the EI Site, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement.

 

In consideration of your use of and access to the EI Site (and the promises and obligations herein, and intending to be legally bound), you and EI hereby agree as follows: Your access to and use of the EI Site is subject to these Terms, as well as any modifications issued by EI to these Terms, and all applicable laws and regulations. By using the EI Site, you agree to and will be deemed to be bound by these terms.

 

If you do not want to be bound by these Terms, do not use the EI Site. Among other things, EI provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them.

 

The information available on or through use of the EI Site, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only. The Information is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

 

Always seek the advice of a qualified medical professional with any questions you may have regarding an your medical condition. Do not disregard professional medical advice or delay in seeking it because of Information on the EI Site. Reliance on any Information is solely at your own risk.

 

2) Changes in Terms

 

EI shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the EI Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the EI Site. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder.

 

You agree that you shall be deemed to be apprised of and bound by any modification by EI to these Terms. Any access or use of the EI Site by you after notice of revisions or additions to these terms shall constitute and be deemed to be your agreement to such revisions or additions.

 

No modification to these Terms by any party other than EI shall be valid or enforceable against EI unless expressly agreed to by EI in a writing signed by a duly authorized officer of EI.

 

3) Termination

 

These Terms are effective until terminated by EI. EI may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the EI Site and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. EI shall also have the right without notice and at any time to terminate the EI Site or any portion thereof, or any products or services offered through EI or the EI Site, or to terminate any individual’s right to access or use the EI Site or any portion thereof.

 

4) Compliance with Laws

 

You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the EI Site and your purchase of the items on the EI Site

 

5) Content

 

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the EI Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.”  The Content may contain errors, omissions, or typographical errors or may be out of date.  EI may change, delete, or update any Content at any time and without prior notice.  The Content is provided for informational purposes only and is not binding on EI in any way except to the extent it is specifically indicated to be so.  Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by EI or by third parties that have licensed their use to EI.

 

You may view and use the Content only for your personal information and for shopping and ordering on the EI Site, and for no other purpose.  You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of EI and/or its licensors and/or suppliers.  Except as provided in the foregoing, EI does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the EI Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium.

 

Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by EI, is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the EI Site or any services or Information.  Nothing contained on the EI Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EI’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of EI, our licensors or suppliers, or the third party owner of any such trademark and/or copyright.

 

6) Creating An Account

 

6.1 In order to use some of the features or functionality offered at the EI Site or to access some areas of the EI Site, you may need to create an account with EI. If and when you create an account with EI, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the EI Site, services and/or Information. You understand that any information you provide will be treated by EI in the manner described in our Privacy Policy, which can be found below.

 

6.2 As part of the process of creating an account, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account. You agree not to transfer or resell your use of or access to the eI Site to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at info@elolead.co.za.

 

7) Third Party Links

 

The EI Site contains links to other web sites for your convenience. EI has not fully reviewed the web sites that are linked to the EI and does not control such sites or their content. Your use of linked web sites is subject to the privacy practices and terms of use established by the specific linked site, and EI disclaims all liability associated therewith. The presence of such third party links does not indicate any approval or endorsement by EI of any linked web site or any material contained within the third party linked web site, and we disclaim any such approval or endorsement.

 

8) Code of Conduct

 

You agree not to:

 

8.1 Engage in spamming or phishing attacks;

 

8.2 Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;

 

8.3 Restrict or inhibit any other visitor from using the EI, including, without limitation, by means of “hacking” or defacing any portion of the EI Site;

 

8.4 Express or imply that any statements you make are endorsed by us, without our prior written consent;

 

8.5 Upload any Materials (as defined below) that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the service or the DI Site;

 

8.6 Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the EI Site or services;

 

8.7 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the EI Site or Information;

 

8.8 Use the EI Site, Information or Services in any manner that is unlawful, including accessing the EI Site, Services and/or Information from any location where such access may be illegal or otherwise prohibited;

 

8.9 “Frame” or “mirror” any part of the EI Site without our prior written authorization;

 

8.10 Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the EI Site or its contents;

 

8.11 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or

 

8.12 Harvest or collect information about the EI Site visitors or members without their express consent.

 

9) Purchases

 

9.1 If you wish to purchase products or services described on the EI Site, you will be asked by us or the third party vendor to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated by us in the manner described in our Privacy Policy. You agree that all information that you provide to us or such third party vendor will be true, accurate, current and complete.

 

9.2 You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.

 

9.3 All amounts appearing on the EI Site are quoted in U.S. dollars. EI will add shipping and handling fees and applicable sales/use tax. Payments must be made using a valid credit card. Credit card payments are processed on by EI. EI reserves the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the EI Site without incurring any obligation to you. Products displayed on the EI Site are available while supplies last. The receipt by you of an order confirmation does not constitute EI’s acceptance of an order. Prior to EI’s acceptance of an order, verification of information may be required. EI reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from EI, for any reason. EI reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.

 

9.4 We reserve the right, without prior notification, to change our Shipping and Return policies at any time.

 

10) Copyright Infringement Claims

 

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), EI has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the EI Site (the “Designated Agent”). All such notifications relating to the EI Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:

 

Service Provider: ELOLEAD INSTITUTE

 

Agent Designated to Receive Notification of Claimed Infringement”

 

ABDO & ABDO Attorneys

33 Tecoma St, Berea, East London,

East London, South Africa, 5241

Tel: 043 700 7900

 

11) Limitation on use of the eI Site

 

11.1 We have no obligation to monitor the EI Site or any postings or other materials (such as streaming video) that you or other third parties transmit or post on the EI Site (the “Materials”). You acknowledge and agree that we have the right (but not the obligation) to monitor the EI Site and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the EI Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests. The information and opinions posted in the Materials on the EI Site are not necessarily those of EI or its affiliates, and EI makes no representations or warranties regarding such posted Materials. We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the EI Site or forums by third parties, whether such third parties are visitors to the EI Site, members of the EI Site or others. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information. Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the EI Site.

 

11.2 You represent and warrant to EI that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.

 

11.3 Grant a non-exclusive license to EI with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by EI as it may determine and at its sole discretion. EI reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material including but not limited to education, publicity and promotion.

 

12) Disclaimers

 

12.1 To the fullest extent permissible under applicable law:

 

(a) The Site (including all information) and the Services are provided “as is” and without warranties of any kind, either express or implied; and (b) EI and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors and assigns (collectively, “EI’s Representatives”) disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement accuracy, completeness, merchantability, quality, and fitness for a particular puprpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties that the information and EI Site is current and/or upt-to-date. EI and EI’s Representatives do not warrant that the information, EI Site or Services, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that defects will be corrected, nor that the EI Site or the servier(s) on which the EI Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the EI Site, and all charges related thereto. You assume all responsibility and risk for your use of the EI Site and/or Services and/or Information and your information and your reliance thereon. No opinion, advice or statement of EI or any of EI’s Respresentatives, whether made on or in connection with the EI Site or Service or Information shall create any warranty.

 

12.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.

 

12.3 EI and EI’s Representative are under no obligation to verify the identity of users of EI’s Site, Services, and/or Information. EI and EI’s Representatives do not control the materials posted or submitted to the EI Site and/or the services by persons other than themselves and do not monitor, screen, police or edit those materials for compliance with applicable laws or these Terms and Conditions. You may find some of the materials posted by other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the EI Site.

 

12.4 Through your use of the EI Site, Services and/or Information, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. EI’s Representatives are not parties to any such transactions and disclaim all liability regarding all such transactions.

 

12) Disclaimers

 

12.1 To the fullest extent permissible under applicable law:

 

(a) The Site (including all information) and the Services are provided “as is” and without warranties of any kind, either express or implied; and (b) EI and its affiliates, agents, service providers, employees, officers, directors, consultants, representatives, licensors, suppliers, advertisers, sponsors, successors and assigns (collectively, “EI’s Representatives”) disclaim all warranties, express or implied, including, without limitation, the implied warranties of title, non-infringement accuracy, completeness, merchantability, quality, and fitness for a particular puprpose, any warranties that may arise from course of dealing, course of performance or usage of trade, and any warranties that the information and EI Site is current and/or upt-to-date. EI and EI’s Representatives do not warrant that the information, EI Site or Services, nor your use of the foregoing, will be complete, accurate, current, reliable, uninterrupted, error-free or secure, nor that defects will be corrected, nor that the EI Site or the servier(s) on which the EI Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the EI Site, and all charges related thereto. You assume all responsibility and risk for your use of the EI Site and/or Services and/or Information and your information and your reliance thereon. No opinion, advice or statement of EI or any of EI’s Respresentatives, whether made on or in connection with the EI Site or Service or Information shall create any warranty.

 

12.2 Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.

 

12.3 EI and EI’s Representative are under no obligation to verify the identity of users of EI’s Site, Services, and/or Information. EI and EI’s Representatives do not control the materials posted or submitted to the EI Site and/or the services by persons other than themselves and do not monitor, screen, police or edit those materials for compliance with applicable laws or these Terms and Conditions. You may find some of the materials posted by other users to be offensive, harmful, inaccurate or deceptive. You should use caution and common sense when using the EI Site.

 

12.4 Through your use of the EI Site, Services and/or Information, you may have the opportunity to engage in commercial transactions with third parties. All such transactions are at your own risk. EI’s Representatives are not parties to any such transactions and disclaim all liability regarding all such transactions.

 

13) Indemnification

 

You agree to fully indemnify, defend and hold EI, any of EI’s representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Materials you transmit to the EI Site infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the EI Site.

 

14) Limitation of Liability.

 

Notwithstanding the failure of essential purpose of any limited remedy of any kind, neither EI nor any of EI’s Representatives, nor their directors, officers, employees, consultants or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages or liabilities under any contract, negligence, strict liability or other theory arising out of or relating in any manner to the EI Site, Information, Services and/or any linked site, whether or not we have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to this Site, the Information, Services, or any linked site is to stop using the EI Site, Service, or linked site. EI’s sole and exclusive maximum liability to you for all damages, losses, cause of action, whether in contract, tort (including, without limitation, negligence) or otherwise arising out of or relating in any manner to the Site, shall be the amount paid by you for use of the Site, Information and/or Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

15. Ability to Contract

 

You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are under eighteen (18) years of age, then you must obtain permission from a parent or guardian before accessing the EI Site.

 

16) Miscellaneous

 

This Agreement is governed by and construed in accordance with the laws of the State of Texas, United States of America, without giving effect to any principles of conflicts of laws. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the City of Houston, County of Harris, State of Texas, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. All disputes shall be resolved in the English language. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with EI’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. EI may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular. You hereby acknowledge that you have carefully read all of the terms and conditions of EIs Privacy Policy, which can be accessed below, and agree to all such terms and conditions.

 

Should you have any questions, comments or complaints regarding this Agreement or the EI Site, please contact us at:

 

Elolead Institute

 

Ground & 1st floor, Gateway West, 22 Magwa Cres, Waterval 5-Ir, Midrand, Johannesburg, South Africa, 2066

 

Or email us at: info@elolead.co.za

Elolead Institute is a Global Management Consulting and training firm that helps companies, organisations, and individuals perform at full potential and achieve exceptional results. It offers coaching, mentoring, leadership and organisational development, personal and career development along with consciousness and wellness programs. 

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Gateway West

Waterfall 

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2066

TEL: + 27 10 009 5379

Email us: info@eolead.co.za

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