AGREEMENT BETWEEN THE HOW LAB LEARNER COURSE PARTICIPANTS OR CLIENTS
AND THE HOW LAB
1. TERMS OF PARTICIPATION
A participant who purchases any Programmes, services or products from The HOW Lab will be referred to as the “Client”. The Client agrees to the terms which follow. By purchasing any product or programme from The HOW Lab, the Client agrees to these terms as stated below.
2. PROGRAMMES AND PRODUCTS
The HOW Lab comprises Jonathan Erickson and Zi Channing, who are referred to as “Consultants”. The Consultants agree to provide responsibly sourced and curated products and programmes, which are described in The HOW Lab website and Face Book and Social Media sites and identified in the online commerce shopping cart. The Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in any Programme.
3. DISCLAIMER
The Client understands the Consultants are not The HOW Lab employees, lawyers, managers, therapists, business managers, financial analysts, psychotherapists or accountants. The Client understands that the consultants have not promised, and shall not be obligated to and will not;
3.1 Procure or attempt to procure employment or business or sales on behalf of the Client;
3.2 Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
3.3 Act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy;
3.4 Act as a public relations professional;
3.5 Act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for the Client;
3.6 Introduce the Client to the Consultants’ full network of contacts or business partners.
3.7 The Client understands that a relationship does not exist between the parties after the conclusion of this Programme. If the Parties continue their relationship, a separate agreement will be entered into.
4. FEES
The fee for each Programme or single module is described in the shopping cart as follows:
4.1 The HOW Lab provides its courses to the Client in the form of independent modules which the Client is free to select in any order, based on needs. The HOW Lab will send a summarised outline of any module at the request of the Client to enable the Client to make an informed decision regarding whether the content is suitable to meet the Client’s needs and whether the Client wishes to purchase the full version of the Module.
4.2 The full content will be provided via DropBox and email within 24 hours of the payment to The HOW Lab being received . The amount of the single payment is outlined in the online commerce shopping cart.
5. METHODS OF PAYMENT
The Client may pay by credit card or debit card or by PayPal.
6. THE PROGRAMME MONEY BACK GUARANTEE
6.1 The goal of The HOW Lab is to help the Client launch his/her own online digital learning courses or programmes. The HOW Lab provides the Client with The HOW Lab’s curated information and support, as collected and described from collective business and personal experience of The HOW Lab’s Consultants, including additional information and research available in the public domain. If it is believed that The HOW Lab has not delivered the full content of a module in accordance with what was described in the summarised outline and named in the commercial shopping cart, a full refund will be considered within 5 days after the delivery of the module to your inbox.
6.2 In order to qualify for such a refund, the Client must submit a reasoned argument concerning why the content of the module does not meet the promised content of the advice and direction provided within 5 days of receipt of each module.
6.3 All refunds are discretionary as determined by The HOW Lab. To further clarify, The HOW Lab will not provide refunds after the sixth day calculated from date of delivery of each module sent to the Client by email and Dropbox.
6.4 With respect to any refund, the Client must apply for a refund within 5 days of the purchase by emailing zi@thehowlab.com. The email must contain information about the Programme purchased, the date of the purchase, the module in question, and the email and name associated with any such purchase. Requests for a refund must include ALL of the following items outlined in this Agreement including item 6.5.
6.5 Complete all of the exercises and tasks outlined at the end of the module, together with the supporting reading materials.
6.6 The HOW Lab will NOT consider refunds if submitted within 6 days following the date of purchase. After day 6, all payments are non-refundable, and you are responsible for the payment of the fees for the full Programme regardless of whether or not the Client completed the Programme.
6.7 All refunds and payments are discretionary as determined by The HOW Lab.
6.8 Any questions or problems, can be directed to The HOW Lab on zi@thehowlab.co.za or jono@thehowlab.co.za)
7. CONFIDENTIALITY
7.1 The HOW Lab, respects the Client’s privacy and requires that the Client reciprocally respects the privacy of The HOW Lab and its other Clients. This therefore serves as a mutual non-disclosure agreement. Any confidential information shared by The Client or any representative of The How Lab is confidential, proprietary, and belongs solely and exclusively to the participant who discloses it. Parties agree not to disclose, reveal, or make use of any confidential Information or any transactions, during discussions, on the forum or otherwise.
7.2 The Client agrees not to use such confidential information in any manner other than in discussion with other participants during the Programme. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. All Parties will keep confidential information in the strictest confidence and shall use their best efforts to safeguard the confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
7.3 The Client agrees not to violate the company’s publicity or privacy rights. Furthermore, the Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers, or addresses. Additionally, the Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Programme participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
8. NO TRANSFER OF INTELLECTUAL PROPERTY
The Client accepts that the Programme material is sourced from the personal and business experience of The HOW Lab including information curated from reputable sources and made available in the public domain. No license to sell or distribute these materials is granted or implied.
9. CLIENT RESPONSIBILITY
The Programme is developed for strictly educational purposes ONLY. The Client accepts and agrees that the Client is 100% responsible for their progress and results from the Programme. The HOW Lab makes no representations, warranties, or guarantees verbally or in writing. The Client understands that because of the nature of the Programme and extent, the results experienced by each Client may significantly vary. Client acknowledges that as with any business endeavour, there is an inherent risk of loss of capital and there is no guarantee that the Client will reach their goals as a result of participation in the Programme. Programme education and information are intended for a general audience and do not purport to be, nor should it be construed as, specific advice tailored to any individual. The company assumes no responsibility for errors or omissions that may appear in any Programme materials.
10. INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel performs hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
11. FORCE MAJEURE
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
12. SEVERABILITY/WAIVER
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
13. LIMITATION OF LIABILITY
The Client agrees to use The HOW Lab’s services at his/her own risk and that Programme is confined to an educational service being provided. The Client releases The HOW Lab, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programmes are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programmes. The Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting from or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Programme. The company assumes no responsibility for errors or omissions that may appear in any of the Programme materials.
14. NON-DISPARAGEMENT
The Parties agree and accept that the only avenue for resolving a dispute or claim for a refund shall be that described in this Agreement. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
15. MODIFICATION
The company may modify terms of this agreement at any time. All modifications shall be posted on The HOW Lab’s website and will apply from the date indicated.
16. TERMINATION
The HOW Lab is committed to providing all Clients in the Programme with a positive Programme experience. By purchasing this product, the Client agrees that The HOW Lab may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Programme without refund or forgiveness of payments should Client becomes disruptive toward The HOW Lab and/or Participants, Client fails to follow the Programme guidelines, is difficult to work with, impairs the participation of the other participants in the Programme or upon violation of the terms as determined by The HOW Lab. In such circumstances, the Client will remain liable for payment of the total contract amount.
17. INDEMNIFICATION
Client shall defend, indemnify, and hold harmless the HOW Lab’s officers, employees, contractors, directors, related entities, successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. The Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement.
18. NOTICES
Any notices to be given by either Party to the other may be affected by email. Notices emailed shall be deemed communicated as of the date of actual delivery notification and receipt of the email. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter.
This Agreement shall be governed by and construed in accordance with the laws of South Africa.
19. EARNINGS DISCLAIMER:
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
There is no guarantee that the Client will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques.
Client’s level of success in attaining the results claimed in our materials depends on the time devoted to the Programme, ideas, and techniques mentioned, finances, knowledge, and various skills. Since these factors differ according to individuals, we cannot guarantee the Client’s success or income level. Nor is The HOW Lab responsible for any of the Client’s actions.
20. CHANGES TO TERMS
The HOW Lab reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the terms will supersede all previous versions. The How Lab encourages its Clients to periodically review the terms to remain informed of periodic updates.
