Terms and Conditions of Use
These Terms and Conditions of Use ("Terms") were last updated on 1 October 2023.
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 this website.
The term 'Fran Piggott' refers to the owner of the website, whose registered office is Durban, KwaZulu Natal, South Africa.
The term 'you' refers to the user or viewer of the website: the-marketing-guru.com.
Fran Piggott’s mission is to improve lives through mentoring and learning. She enables anyone anywhere to enroll in her services (learners). She considers her marketplace model the best way to offer valuable educational content to her users. She needs rules to keep her platform and services safe for you, herself and her learner community. These Terms apply to all your activities on the the-marketing-guru.com website, mobile applications, her APIs and other related services (“Services”).
You need an account for most activities on Fran Piggott's 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 her know by contacting firstname.lastname@example.org. You must have reached the age of consent for online services in your country to use this website.
You need an account on Fran Piggott's website to enroll in some of her 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 her 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, she will not grant you such access unless you can provide her 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 learners who have shared account login credentials. You must notify her 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 email@example.com. She may request some information from you to confirm that you are indeed the owner of your account.
Learners must be at least 18 years of age to create an account on neworldmarketing.com and use the Services. If you are younger than the required age, you may not set up an account, but Fran Piggott encourages you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If she discovers 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), she will terminate your account.
Course Enrollment and Access
When you enroll in a course, you get a license from Fran Piggott to view it via the-marketing-guru.com Don’t try to transfer or resell courses in any way. Fran Piggott grants you unlimited access, except when she must disable the course because of legal or policy reasons.
As a learner, 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 learner) 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 her 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 she gives you explicit permission to do so in a written agreement signed by herself. This also applies to content you can access via any of her APIs.
Fran Piggott generally gives an unlimited access license to her students when they enroll in a course. However, she reserves the right to revoke any license to access and use of courses at any point in time in the event where she decides or is obligated to disable access to a course due to legal or policy reasons.
When you enroll in and take courses, she collects 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 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 the payment processor the corresponding fees within thirty (30) days of notification from Fran Piggott. She reserves the right to disable access to any course for which she has not received adequate payments.
If you make purchases, Fran Piggott collects certain data about your purchase (such as your name, country, contact details and zip code) as necessary to process your order. You must provide certain payment and billing data directly to her 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.
If the course you purchased is not what you were expecting, you can request, within 14 days of your purchase of the course, that Fran Piggott refunds your account. She reserves the right to apply a refund, at her discretion. No refund is due to you if you have started downloading or streaming any part of the course. The course software report will provide proof of use. No refund is due to you if you request it after the 14-day guarantee time limit has passed.
To request a refund, contact firstname.lastname@example.org.
At her discretion, if she believes you are behaving in an abusive manner, she reserves the right to ban your account and to restrict all future use of the Services. If she bans your account or disables 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 this website. You should keep the questions, comments, posts and other content you upload in line with the law, and respect Fran Piggott's intellectual property rights. She 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 this website 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 learner, 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 website and Services and their consequences.
Fran Piggott has discretion in enforcing these Terms. She may terminate or suspend your permission to use her 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 she suspects that you engage in fraudulent or illegal activities. Upon any such termination she may delete your account and content, and she may prevent you from further access to the use of her Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that she 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 her Services.
Fran Piggott's Rights
All right, title and interest in and to the Services, including Fran Piggott's website, her future applications, her APIs, databases, and the content her partners submit or provide through her Services (but excluding content provided by learners) are and will remain the exclusive property of Fran Piggott. Her Services are protected by copyright and other laws of both South Africa and foreign countries. Nothing gives you a right to use the Fran Piggott name or any of Fran Piggott's logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and she will be free to use such feedback, comments, or suggestions as she sees 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
You agree that by registering, accessing or using the 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 her 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 Fran Piggott.
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 Fran Piggott is delayed in exercising her rights or fails to exercise a right in one case, it doesn’t mean she waives her rights under these Terms, and she may decide to enforce them in the future. If she decides to waive any of her rights in a particular instance, it doesn’t mean she waives her 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 neworldmarketing.com at Your Own Risk, Fran Piggott’s Rights, Miscellaneous Legal Terms, and Governing Law and Jurisdiction.
It may happen that the website is down, either for planned maintenance or because something goes down with the website. It may also happen that Fran Piggott encounters security issues. These are just examples. You accept that you will not have any recourse against her 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. Fran Piggott (and her 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. Fran Piggott (and her 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.
Fran Piggott 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 her affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
Fran Piggott is not responsible for delay or failure of her performance of any of the Services caused by events beyond her 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 the 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 the Services. In legal, more complete language, to the extent permitted by law, Fran Piggott (and her 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 she's been advised of the possibility of damages in advance. Her liability (and the liability of each of her 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 her 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.
If you behave in a way that gets Fran Piggott in legal trouble, she may exercise legal recourse against you. You agree to indemnify, defend (if she so requests), and hold harmless Fran Piggott, and her 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 website are governed by South African law. If a dispute arises under this Policy, Fran Piggott agrees 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 party.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, Fran Piggott agrees 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 email@example.com).
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. Fran Piggott 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.
Promotions and Surveys
Updating These Terms
From time to time, Fran Piggott may update these Terms to clarify her practices or to reflect new or different practices (such as when she adds new features), and Fran Piggott reserves the right in her sole discretion to modify and/or make changes to these Terms at any time. If she makes any material change, she 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 the Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of the 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 is to contact firstname.lastname@example.org.
Fran Piggott is confident that you have understood your rights and obligations regarding the use of, and that you agree with, the Terms described above.