CORPORATE TERMS AND CONDITIONS OF USE RELATING TO WWW.MYGROW.CO.ZA

These Terms and Conditions (the “Terms and Conditions”) govern your (the “Client”) use of the Mygrow (the “Provider”) website located at the domain name www.mygrow.co.za (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. 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.

DISCLAIMER

The Provider and the Website do not represent or hold themselves out to be qualified to provide professional medical advice, diagnosis and/or treatment. 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. All Content on the Website is for general information purposes only.

The Provider provides Content to increase awareness of Emotional Intelligence (“EQ”) and facilitates the implementation of EQ techniques. The service the Provider provides is in no way a replacement for any medical or pharmaceutical drugs 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) drug. 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 Emotional Intelligence development training.

Never disregard professional medical advice or delay seeking medical treatment because of something you have read on, or accessed through, this Website.

SUBSCRIPTION

The Provider provides techniques aimed at developing EQ through micro-learning, including the use of written material, videos and other mediums of communication available on and through the Website (the “Services”).

The Services are available for use on an individual and corporate basis.

Individual Use

See Individual Terms and Conditions at this link.

Corporate Use

The contracting corporation (Client) pays a fee to the Provider in exchange for the following:

  1. access to the online learning platform, Matrix LMS, by registered individuals in a contracting corporation as agreed upon between the contracting corporation and the Provider on a ‘drip-feed’, (time-limited access) subscription, per registered individual;
  2. culture assessment bi-annually, limited to the registered individuals;
  3. psychometric assessment bi-annually for the users. The results of psychometric assessments will not be shared with the contracting corporation by the Provider. If the contracting corporation wishes to have access to the results, they may request access from the corporate individual Users directly;
  4. anonymous daily well-being assessment of the registered individuals;
  5. use of Content on Matrix LMS for the identification and the development of individual EQ of registered individuals through the use of techniques known to enhance EQ; and
  6. periodic group reporting comprising the following:
    1. managerial access to a group progress dashboard;
    2. culture assessment overview in the first month after launch; and
    3. bi-annual reporting on well-being indicator.

PAYMENT AND 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 rates are available on the Website.

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 in advance, on or before the 25th (twenty-fifth) day of each month prior to the relevant month of the Subscription period.

Unused subscriptions of registered individuals may be transferred to other users within the subscription period and taking into account the termination parameters below.

The Provider reserves the right to change the subscription amounts as and when it requires, subject to 30 (thirty) days’ prior written notice. Should the subscription amounts change, the Client will have the right to cancel the agreement, subject to 20 (twenty) Business Days’ prior written notice.

Personal Information and Privacy

The Provider is committed to keeping the personal information of registered individuals secure and confidential. Personal Information is used 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 private personal information of the registered individuals (Personal Information) required for creating an account and enrolling registered individuals will be kept in the strictest confidence by the Provider and not sold or made known to third parties beyond what is necessary for delivering the Servicers the Provider offers. The registered individuals will receive a Mygrow account when the corporate contract begins. Each registered individual is responsible for their account name and password. For further information, please see our Privacy Policy (Annexure A).

The Provider cannot be held responsible for security breaches occurring on the registered individuals’ electronic devices (Work or Personal Computers, laptops, smartphones or other electronic devices used to access the Website), which may result due to the lack of adequate virus protection procedures being followed by the Client, registered individuals, or any other cause.

The Client agrees that any individual or group data or other statistical 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.

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 assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation, subject only to applicable law.

Risk

The use of any product or service bought, used or otherwise acquired from or through this Website is at the purchaser’s own risk. The Client acknowledges and understands that use of the Website and the online services it provides is entirely at the Client’s risk. The Provider and its affiliates, shareholders, agents, consultants or employees are not liable for any damage or loss whatsoever relating to your use of the Website or the online services it provides or the information contained on the Website or your inability to use this Website or the online services for any reason other than our gross negligence or willful misconduct or that of our employees or agents. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

CANCELLATION

Clients 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 admin@mygrow.co.za, on or before the 25th (twenty fifth) day of the month preceding the Client’s last month using the Services.

In the event that a Client cancels its subscription, the Client shall forfeit one half of the total monthly subscription rate of the months remaining, following the one month notice given via email, in the Client’s Subscription Period. If the subscription was paid in full before commencing, the Provider will refund the balance to the Client within 90 (ninety) days of termination. If the subscription is paid monthly the Client will settle the remaining amount immediately upon receipt of invoice.

UPDATES TO THE TERMS AND CONDITIONS

The Provider reserves the rights to change, modify, add or remove, from portions, or the whole of, these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website. It is the Client’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The Client’s continued use of this Website following the posting of changes or updates will be considered notice of the Client’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

The Provider provides certain information on the Website. Content displayed at 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 Rights in or to the Content.

The Provider collects data for research purposes. This data includes the results of EQ Assessments, culture surveys, daily well-being indicator, and other data. The Provider holds the rights to this data to publish and share as it sees fit.

LIMITATION OF LIABILITY

The Provider

Although we have taken all reasonable care to ensure that the content on this Website is accurate, the Provider (including its affiliates, shareholders, agents, consultants and employees) shall not be responsible for any damage or loss whatsoever that you may suffer as a result of relying on such content, other than damage and loss caused by our gross negligence or willful misconduct or that of our employees or agents.

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect consequential, or other damage of any kind whatsoever, suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.

The Provider is in no way affiliated with or accredited by the Health Professions Council of South Africa (HPCSA).

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.

ACCREDITATION AND AFFILIATION

The Provider is accredited by the Sector Education and Training Authority (SETA) as of 14 February 2017, (Accreditation Number: 12209) only for so long as it remains accredited by SETA.

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 Courts of South Africa in the event of any dispute. 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.

ENQUIRIES

Any questions or concerns regarding these terms and conditions can be directed to admin@mygrow.co.za.

Annexure A: PRIVACY POLICY

Your privacy, and the protection of your employees’ (registered individuals) personal information, is important to us. This annexure explains how the Provider processes the personal information of registered individuals to enhance their development experience.

PERSONAL INFORMATION

Personal information may be collected by the Provider, or provided directly by registered individuals while using the Website. Personal information is anything that relates to the registered individuals or specifically identifies them personally beyond their name, including date of birth; gender; contact details; physical address; IP address.

USE OF PERSONAL INFORMATION

The Provider will use the personal information of registered individuals to register them on the online learning platform, Matrix LMS. For this purpose we will only need their name, email address, contact number and gender.

To see the Matrix terms and conditions and privacy policy please visit: www.matrixlms.com. The Provider will not be liable for any policy changes, security breaches, or human error from Matrix LMS. Each registered individual will be required to accept the Provider’s Terms and Conditions upon initial access to the Mygrow 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 on the quality of their Emotional Intelligence development. The Provider staff will keep all such information from their accounts/profiles confidential.

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 content of their technique submissions will not be seen by the assigned manager from your corporation.

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.

We will ask for consent from registered individuals before using personal information for a purpose other than those set out in this Privacy Policy.

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.

Except as otherwise discussed in this Privacy Policy, this Annexure only addresses the use and disclosure of information we collect from registered individuals. We are not responsible for the collection, use, or disclosure of information collected through third-party websites, and we expressly disclaim any and all liability related to such collection, use, misuse, or disclosure.