Terms And Conditions

Last update: 6 September 2023

The Terms are effective as of 6 September 2023 and are subject to change without notice by How About This Pty Ltd at any time. Please check for changes regularly. Your use of this Site after such changes constitutes your agreement to such changes.

Terms of Use

How About This Pty Ltd maintains this website and all courses, books and products hosted herein (the “Site”) for the use of its customers, vendors, students, and other Site users (“Users”) upon agreement to the following terms. 

Please read the terms carefully before using the Site. Use of this website and checking the ‘agree to terms’ box upon your enrolment indicates your acceptance of these “Terms of Use” and forms a binding agreement between you and How About This Pty Ltd. If you do not agree to these terms, do not use this Site.

This Terms of Use (this “Agreement”, “Terms”, Terms of Service", "Terms and Conditions") is between How About This (“we”, “us”, “System”, “Platform”, "HAT", or “How About This”) and the person (“you”, “User” or “Customer”) using our services (“Services” or "Service"). We provide you with access to our System and Services that help you create websites, courses, marketing campaigns, and more. Listed below are the terms and conditions of using our System and Services. They are necessary in order to maintain good practice and protect us and yourselves.

1. Use of Site

How About This Pty Ltd provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). How About This Pty Ltd authorises each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarise, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorised use of the Site. 

By accepting our Terms and Conditions anywhere on the Site, you also agree to accept our Privacy Policy and Cookie Policy.

2. Creating an account

To enter any course, membership, or service, you need to provide a name, email, and password and agree to the terms and conditions listed below, Privacy Policy and our Cookie Policy. You will be given unique login and account credentials. It is your responsibility and yours only to keep and maintain the safety of your account and password. If the information given by you is untrue, wrongful or in violation of our terms, we can suspend or terminate your account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from us regarding the account. You are solely responsible for the activities from your account and the maintenance and confidentiality of the credentials to access that account.

You must immediately notify us if you know or have any reason to suspect that your Account or password has been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorised use of your Account.

3. Your Obligations

• 3.1. You certify and warrant that you are at least 18 years of age. People under the age of 18 are not permitted to use our services.

• 3.2. To keep your How About This account login information safe.

• 3.3. To provide us with up-to-date, accurate and valid personal information at all times.

• 3.4. You must notify us immediately if you become aware of any unauthorised use of your account.

• 3.5. You should not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of HAT.

• 3.6. You may not upload content that contains scams.

• 3.7. You may not try to hack, break or override the functions and stability of HAT or try to exploit the HAT system in any way.

• 3.8. You may not use HAT for distributing, storing or, in any way, using the System for pornographic or adult content and services.

• 3.9. You represent and warrant that your use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.

• 3.10. You can’t in any way try to harm the reputation of HAT and its partners by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of HAT.

• 3.11. You acknowledge and agree that If you are reasonably found guilty of violating any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that have already been paid for. You may also be forbidden from having an account in the System.

4. Enrolment

By accepting these terms you agree to pay the full fee for the Course/Product that you have enrolled in

You agree to pay the full amount of the Course fees even if you do not complete the Course.

If the participant is under 18, the parent/guardian is responsible for the payment of the Course Fees.

The approximate duration of the Course and the duration of access is stated on the course information page - you agree that you have read and understand your access periods. 

You are aware that this is not accredited/certified training.

5. Refunds, Chargebacks and Cancellations

How About This Pty Ltd/Stephan Kruger complies with South African Consumer Law in regard to refunds. We are not required to provide a refund if you change your mind about the course that you chose to enrol into.

However, while course fees are non-refundable, students may have extenuating circumstances* that started/occurred since enrolment that prevented them from undertaking their course. 

5.1. Self-Study Online Courses

Where evidence can be successfully provided to support the student’s extenuating circumstances (by email to admin@howaboutthis.co.za), course fees may be refunded or partially refunded as per the following:

• 100% within 1 days of enrolment if less than 10% of the course has been accessed/consumed.
• 50% within 7 days of enrolment if less than 10% of the course has been accessed/consumed.
• 25% within 14 days of enrolment if less than 10% of the course has been accessed/consumed.
• Refunds are not issued after 14 days of enrolment.
• Refunds are not issued if more than 10% of the course has been accessed/consumed.

Where you are enrolled in a subscription membership, by accepting these terms, you agree that you have read and understood that you are able to cancel your subscription membership at any time, by logging into your own account at www.howaboutthis.co.za , clicking on ‘My Account’, clicking on memberships and cancelling your membership.  

5.2. Membership and Academy

No refunds are given on membership subscriptions as you pay for access to the content, not consumption of the content; and are free to cancel your membership access at any time as per these instructions.  

5.3. Services

A separate Services Agreement is provided in advance of any of our ‘done-for-you services' or 'coaching & mentoring services' commencing.

The Services Agreement contains the Terms regarding refunds and project cancellations.

5.4. Chargebacks and Disputes

Any chargebacks and dispute fees made through PayPal, Stripe, PayFast, PayStack, bank or other means will be appealed against you as per the Terms of Use that you agree to herein, along with a screenshot of your agreement to these upon your digital enrolment.

*Examples of extenuating circumstances which MIGHT be considered valid:

• Your own health problems, including major accident or injury, acute ailments, hospitalisation (including for operations), or those affecting a significant period of study. (Medical certificate required)
• Personal or psychological problems for which you are receiving counselling, or have been referred to a counsellor or similarly qualified practitioner. (Referral/treatment evidence required)
• Clinical depression or other significant mental health issue. (Medical certificate required)
• Pregnancy-related conditions and childbirth (including a partner in labour). (Medical certificate required)
• Bereavement causing significant impact. (Medical or counselling certificate required)
• Separation or divorce of yourself or your parents. (Legal documentation required)
• Recent burglary, theft or serious car accident. (Police report required)
• Jury service which cannot be deferred. (Notice of jury service required)
• A significant change to your financial circumstances such as being made redundant from employment, gone into administration or filed for bankruptcy (evidence required)

6. Third-Party Services

Our Services are integrated with various third-party services (“Third Party Services”) for specific purposes that you may interact with while using HAT. An example of such a service is the Payment Processor used to collect the payments for your subscriptions. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services, or for any transaction you may enter into with them or for what they do. Your security when using Third Party Services is your responsibility. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result (except where prohibited by applicable law).

7. What we provide and our rights

HAT provides online courses and educational content, marketing material, strategies, marketing and course creation advice, and coaching services.

We have the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, we have the right to suspend and terminate the access of your Account to parts or all of the services and change the eligibility criteria of using the Services.

8. Service Fees

• 6.1. Service fees are applicable upon signing for the paid services of HAT, which can be monthly or yearly.
• 6.2. All Fees are in ZAR and are exclusive of all taxes, and you are responsible for payment thereof. HAT is not liable for any taxes or fees related to commercial products.
• 6.3. The payment for the applicable fee is in advance of your subscription period according to the Agreement.
• 6.4. You can upgrade or downgrade at any time. If upgrading, you will be charged the difference between the two subscription plans for the extra services. There are NO refunds for downgrades. Downgrading may cause a loss of information and services due to the difference between the plans.
• 6.5. Refunds are NOT applicable as downloadable resources and content are involved in our products and services.
• 6.6. At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY cancelled by the User. Cancellation must be made via email (accounts@howaboutthis.co.za) and at least 24 hours prior to the end of the contract period. To cancel your services or the automatic renewal, please contact us at accounts@howaboutthis.co.za.
  
• 6.7. If you purchase HAT subscription services, you agree to HAT and third-party services to use and store your credit/debit card information. You authorize us to charge you for any HAT Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card or cancel your subscription, you authorize us to continue billing you, and you will remain responsible for any uncollected Fees.
• 6.8. Chargebacks - If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. We reserve our right to dispute any Chargeback.

9. Service Cancellation

Failure to comply with any of HAT’s terms or pay due fees, you entitle HAT to cancel or suspend your account services and memberships. You can cancel your services at any time, no questions asked. We are not in any way held responsible for any damages and losses due to the cancellation of services.

10. Termination

We reserve the right to change, suspend or discontinue, terminate, restrict or disable your use of or access to parts or all of the Services or their functionality at any time at our sole discretion and without notice.

You can terminate your services at any time without cause, according to the cancellation procedures.

If the Agreement terms are violated, it may result in penalties or immediate termination of services without payment refund in any way.

Upon termination, HAT has the right to delete all files, data or information associated with the terminated account.

11. Geographic Location & Applicable Law

How About This Pty Ltd is a legally registered company in South Africa. You may access your content from any country, however the Terms of Use are governed by the laws of South Africa. Failure to enforce strict performance of the Terms of Use of Use shall not be construed as a waiver of any provision or right. How About This Pty Ltd may assign its rights and duties under the Terms of Use without notice to any party at any time.

12. Trademark and Copyright

How About This Pty Ltd, and certain other brands, trademarks, and service marks are marks of How About This Pty Ltd and its affiliates. The Materials on this Site are copyrighted, and any unauthorised use of any Materials on this Site may violate copyright, trademark, and other laws. The content of the books, online Course Materials, including copyright and all other such intellectual property rights contained therein, remain the property of How About This Pty Ltd and Stephan Kruger. You may not reproduce any part of the online Course Materials without the prior written consent of How About This Pty Ltd and Stephan Kruger.

13. Affiliations & Hyperlinks

Links to external websites are provided solely as a convenience to you. How About This Pty Ltd has not reviewed all of these external websites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the external websites linked to this Site, you do so entirely at your own risk.

14. WARRANTY AND DISCLAIMER

HAT shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimises errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by HAT or by third-party providers, or because of other causes beyond HAT’s reasonable control, but HAT shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, HAT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND HAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. How About This Pty Ltd further does not warrant the accuracy and completeness of the Materials at this Site. How About This Pty Ltd may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and How About This Pty Ltd makes no commitment to update the Materials at this Site.

15. INDEMNITY

To the fullest extent permitted by law, you agree to indemnify and hold harmless HAT and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your e-commerce; (c) any claims by, on behalf of or against your End Users; (d) your violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in any country in relation to Your e-commerce operations, including without limitation your sales to individual consumers (including distance sales) and other operations for which HAT may be held jointly and severally liable. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this Agreement or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.

16. LIMITATION OF LIABILITY

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will HAT and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorised access or, unauthorised alteration of, any content, information or data, including without limitation User Content and Your e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for HAT’s services to you, and such limitations will apply even if HAT has been advised of the possibility of such liabilities.

17. Modifications

Modifications of the Service. HAT may make modifications and changes to the existing services or components and will use reasonable efforts to notify all its Customers about those changes. The changes are effective upon the date of the change. HAT shall not be liable for modifications and actions of third-party services.

Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees, we will cancel your subscription.

18. MISCELLANEOUS

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Customer except with HAT's prior written consent. HAT may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and Customer does not have any authority of any kind to bind HAT in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the United States of America and South African laws without regard to its conflict of laws provisions.

By accepting these Terms and Conditions, you also agree that you read, understood, and accept the following:

• Privacy Policy
• Cookie Policy
• Data Processing Addendum 
• Service Level Agreement
• Affiliate Terms and Conditions
• Anti-Spam Policy
• Refund Policy
• Disclaimer