These Terms of Service govern access to and use of the digital training platform, website, content, tools, templates, resources, and related services made available by Lizelle De Kok LLC, a limited liability company organised and existing under the laws of Delaware.
By registering for an account, purchasing access to the Digital Magnetic System Platform, accessing any part of the Services, or clicking to accept these Terms of Service, you agree to be bound by them.
In these Terms, unless the context indicates otherwise:
"Affiliate" means a User who has been approved by LDK to participate in the optional Affiliate Programme in accordance with these Terms;
"Affiliate Programme" means the optional referral programme operated by LDK under which approved Affiliates may earn a fixed commission for qualifying direct referrals, subject to these Terms;
"Applicable Laws" means any law, regulation, code, guideline, direction, regulatory requirement, or legally binding industry rule applicable to a party from time to time;
"Content" means any text, images, audio, video, documents, information, data, templates, materials, comments, messages, and other content made available on or through the DMS Platform, including User Content;
"Direct Referral" means a new customer who purchases the Training Programme through an Affiliate’s unique referral link or code and whose purchase is properly tracked and accepted by the Provider;
"DMS Platform" means the Digital Magnetic System website, online portal, learning environment, systems, tools, software functionality, course dashboard, downloadable resources, and related infrastructure through which the Services are made available;
"Fees" means the amounts payable by a User for access to the Services, including any once-off access fee, optional add-on fees, and any other charges expressly disclosed before purchase;
"Intellectual Property Rights" means all copyright, trade marks, designs, patents, trade secrets, know-how, confidential information, database rights, and all other intellectual property or similar proprietary rights, whether registered or unregistered, anywhere in the world;
"LDK" means Lizelle De Kok LLC, a limited liability company organised and existing under the laws of Delaware, being the provider of the Services;
"Privacy Policy" means LDK's privacy policy, as updated from time to time;
"Services" means the DMS Platform, the Training Programme, related digital content, support services, and any optional Affiliate Programme made available by LDK;
"Training Programme" means the online educational and training programme in the field of digital marketing and related business development made available through the DMS Platform, together with any included tools, templates, and learning resources;
"Terms" means these Terms of Service governing access to and use of the DMS Platform, and related services made available by LDK;
"User" means any person who accesses or uses the Services, whether as a visitor, customer, student, account holder, or Affiliate; and
"User Content" means any Content submitted, uploaded, posted, shared, transmitted, or otherwise made available by a User through or in connection with the Services.
NATURE OF THE SERVICES
The Services, the DMS Platform and the Training Programme are provided for educational, informational and related support purposes only. The core offering made available through the DMS Platform is a bona fide online educational programme in the field of digital marketing and related business development consisting of structured lessons, materials, templates, tools, resources and, where applicable, support features designed to assist Users in learning and implementing digital marketing strategies in their own businesses.
The Training Programme is intended to be a standalone educational product. Any once-off access fee or other purchase price payable by a User is consideration for access to the Training Programme and its associated content, tools and resources. Users do not pay any amount to join an investment, savings, deposit-taking, income-generating or similar scheme, and the Training Programme does not constitute, and may not be construed as, any such product or arrangement.
Except where a specific purpose is expressly and unambiguously linked by LDK to any particular capability, feature, product, service or functionality made available on the DMS Platform from time to time, LDK disclaims any implied warranty that the Services, the DMS Platform or the Training Programme are of merchantable quality, fit for any particular purpose, or suitable for any User’s specific objectives, requirements or circumstances.
ELIGIBILITY AND ACCOUNTS
Users may only access or use the Services if they are legally capable of entering into a binding agreement under the laws applicable to them.
Where a User creates an account, the User must ensure that all information provided is accurate, current and complete, and must keep such information updated at all times.
Each User is responsible for maintaining the confidentiality and security of its login credentials and for all activities conducted through or under its account.
Users may not share their accounts with any other person or permit any unauthorised access to the DMS Platform.
LDK may suspend, restrict or terminate any account that is incomplete, inaccurate, misleading, insecure or used in breach of these Terms.
FEES AND BILLING
The Fees payable for access to the Services will be those displayed on the DMS Platform or otherwise communicated by LDK to Users before any purchase is completed.
Unless expressly stated otherwise, all Fees are payable in the currency indicated at checkout and are exclusive of any taxes, duties, levies or other charges that may be applicable in the User’s jurisdiction. Any such amounts, where applicable, shall be for the User’s account.
By selecting a payment method at checkout, the User authorises LDK and any appointed payment service provider to process that payment method for all Fees that are due and payable in respect of the Services.
Unless expressly stated in writing, no interest is intended to be charged under any payment plan. If LDK intends to charge interest, service fees, default fees or other financing-related charges, those terms will be separately and clearly disclosed and may be subject to additional legal or regulatory requirements.
LDK reserves the right to use third-party payment processors or service providers to process payments. LDK is not responsible for errors, outages or delays caused by any third-party payment provider, except to the extent required by Applicable Laws.
REFUNDS AND CANCELLATIONS
Due to the digital nature of the Training Programme and the immediate granting of access to proprietary content, all purchases are final unless otherwise expressly stated in writing or required by Applicable Laws.
If LDK offers any limited refund window, cooling-off period, or exception, the relevant terms will be described at checkout or in a written policy incorporated into these Terms.
Where a refund is granted, LDK may revoke access to the relevant Training Programme and any related materials.
The initiation of a chargeback or payment dispute in bad faith, or without a genuine legal basis, will constitute a material breach of these Terms.
AFFILIATE PROGRAMME
LDK may, in its sole discretion, make an optional affiliate programme (the Affiliate Programme) available to selected Users. No User has any right or entitlement to be offered or admitted to the Affiliate Programme.User participation in the Affiliate Programme is not automatic. A User may only act as an Affiliate if and for so long as:
LDK has approved that User’s participation; and
The User remains compliant with these Terms and any separate Affiliate Programme rules, policies or guidelines issued by LDK from time to time.
User participation in the Affiliate Programme, if offered, is strictly optional, separate from a User’s purchase of the Training Programme, and subject to such additional eligibility requirements, rules and conditions as LDK may determine from time to time.
User access to, and use of, the Training Programme does not depend on participation in the Affiliate Programme. Users may access and use the Training Programme without ever acting as Affiliates.
The Affiliate Programme is intended to reward bona fide Direct Referrals that result in genuine sales of the Training Programme to independent customers. It is not intended to reward the recruitment of persons into any scheme or programme in which compensation is derived primarily from recruitment rather than from the sale of goods or services.
Nothing in the Services, the DMS Platform, the Training Programme or the Affiliate Programme is intended to create or operate a scheme or arrangement prohibited by Applicable Laws. Any commission or other compensation under the Affiliate Programme is intended to be payable only in respect of qualifying direct sales of the Training Programme and not for the recruitment of participants into any unlawful scheme.
Unless otherwise agreed in writing by LDK:
Commission is payable only on Direct Referrals, being new customers who purchase the Training Programme through an Affiliate’s unique referral link or code and whose purchase is properly tracked and accepted by LDK.
Commission is fixed at the rate or amount communicated by LDK to Affiliates from time to time.
Commission is earned only when the applicable customer has completed payment, the sale has been validly tracked and attributed to the Affiliate in accordance with LDK’s systems, and any applicable refund, cooling-off or chargeback review period has expired.
Commission is not payable in respect of self-referrals, duplicate referrals, fraudulent, abusive or suspicious transactions, cancelled transactions, refunded transactions, or transactions that breach these Terms or any Affiliate Programme rules.
Commission is not payable on any second-tier, downstream, pooled, team-based, hierarchical, multi-level or other indirect referral structure, and Affiliates earn commission only on qualifying Direct Referrals properly attributed to them.
LDK reserves the right, acting reasonably, to reject any referral, withhold or delay payment of commission, reverse commission previously credited, or suspend or terminate a User’s participation in the Affiliate Programme where LDK reasonably suspects fraud, abuse, misrepresentation, unlawful conduct, breach of these Terms or any Affiliate Programme rules, or conduct that could expose LDK or any User to regulatory, legal or reputational risk.
Affiliates may not, in connection with the Affiliate Programme, the Training Programme, the Services or the DMS Platform:
Market or present the Training Programme or Affiliate Programme as an investment opportunity, pyramid scheme, multiplication scheme, passive-income scheme, guaranteed income opportunity, or any similar arrangement promising fixed or assured returns.
Make false, misleading, deceptive, unsubstantiated or exaggerated earnings claims, or represent that any financial success is typical, guaranteed or easily attainable.
Create, operate or promote any sub-affiliate, downline, pooled, team-based, multi-level or other compensation arrangement that is not expressly authorised in writing by LDK.
Use spam, unlawful direct marketing, deceptive advertising, misleading endorsements, undisclosed paid promotions, or any other unlawful promotional methods.
Breach any applicable advertising, consumer-protection, data-protection or electronic communications laws or regulations.
Represent themselves as agents, employees, partners, franchisees or legal representatives of LDK, or as having authority to bind LDK, unless expressly authorised in writing.
LDK may issue additional Affiliate Programme rules, policies, creative guidelines, disclosure requirements and compliance standards from time to time.
Any such rules, policies, guidelines and standards, as amended by LDK from time to time, are incorporated into these Terms by reference and are binding on Affiliates while they participate in the Affiliate Programme.
USER CONDUCT
Users must access and use the Services only for lawful purposes and in accordance with these Terms and any policies or guidelines issued by LDK from time to time.
Without limiting the generality of the above, Users may not, whether directly or indirectly, and may not permit any third party to:
Use the Services in any way that violates Applicable Laws, any regulatory requirement or any third-party rights.
Infringe or misappropriate any Intellectual Property Rights, privacy rights or other proprietary rights of LDK or any third party.
Upload, post, transmit or otherwise introduce to the DMS Platform any viruses, malware, harmful code or other technology designed to impair, disrupt, damage or gain unauthorised access to any system, data or service.
Interfere with, circumvent or compromise the integrity, security, availability or performance of the DMS Platform or any related infrastructure or network.
Attempt to gain unauthorised access to any account, system, network, data store or part of the DMS Platform, including by hacking, password mining or other illegitimate means.
Reverse engineer, decompile, disassemble, scrape, data-mine, copy, frame, mirror, reproduce, adapt, modify or otherwise exploit the DMS Platform or any part of the Services except to the limited extent expressly permitted in writing by LDK or by non-excludable Applicable Laws.
Use the Services to create, host, distribute or promote unlawful, misleading, abusive, harassing, defamatory, discriminatory, hateful, obscene, invasive of privacy, or fraudulent content or conduct.
Use the Services for spam, unsolicited direct marketing, or any electronic communications that do not comply with Applicable Laws.
Use the Services in any manner that could reasonably be expected to damage the reputation or goodwill of LDK.
Use LDK’s name, trade marks, trade names, logos, branding, testimonials, course materials or other proprietary content except as expressly authorised in writing by LDK or as permitted by these Terms.
USER CONTENT
By submitting, uploading, posting or otherwise making User Content available through the Services, each User grants LDK a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, transmit, display, adapt and otherwise use such User Content to the extent reasonably necessary to operate, maintain, secure, improve and provide the Services, and to comply with Applicable Laws.
Each User represents and warrants that:
The User owns or otherwise controls all rights necessary to submit the User Content.
The User Content is accurate and lawful.
The User Content does not infringe, misappropriate or violate any Intellectual Property Rights, privacy rights or other rights of any third party.
The User Content does not contain unlawful, defamatory, obscene, infringing, harmful, hateful or otherwise objectionable material, and does not include any personal information submitted in breach of Applicable Laws.
Each User indemnifies and holds LDK harmless against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising from or in connection with that User’s User Content or any breach of this clause, except to the extent caused by LDK’s own breach of Applicable Laws.
INTELLECTUAL PROPERTY
The Services, the DMS Platform, the Training Programme and all related content, branding, methodologies, systems, designs, graphics, videos, course materials, templates, resources and other materials are owned by or licensed to LDK and are protected by Applicable Laws, including laws relating to copyright, trade marks and other Intellectual Property Rights.
Except for the limited access and use rights expressly granted to Users in these Terms, no right, title or interest in or to the Services, the DMS Platform, the Training Programme or any Intellectual Property Rights of LDK is transferred or assigned to any User.
Users may not copy, reproduce, distribute, sell, sub-license, modify, adapt, publish, publicly display, perform, create derivative works from, or otherwise commercially exploit any part of the Services, the DMS Platform, the Training Programme or any related materials, except with LDK’s prior written consent or to the limited extent expressly permitted in these Terms or by non-excludable Applicable Laws.
Users may not use the Training Programme or any related content, materials, methodologies, systems or resources to create, market or operate any programme, course, platform, service or other offering that competes with, is substantially based on, or derives from LDK’s confidential or proprietary materials, unless expressly authorised in writing by LDK.
CONFIDENTIALITY
In the course of accessing and using the Services, Users may receive access to non-public materials, strategies, templates, systems, frameworks, pricing information, business methodologies and other confidential or proprietary information of LDK.
Users must keep all Confidential Information strictly confidential and may not disclose, copy, teach, repurpose, exploit, distribute or make such information available to any third party, except to the limited extent strictly necessary for the User’s own permitted use of the Training Programme in accordance with these Terms.
Users may not use Confidential Information to create, market or operate any programme, course, platform, service or other offering that competes with, is substantially based on, or derives from LDK’s confidential or proprietary materials, unless expressly authorised in writing by LDK.
This clause applies notwithstanding the termination, suspension or expiry of any User’s access to the Services and shall survive termination of these Terms.
THIRD-PARTY SERVICES
The DMS Platform may integrate with, link to or otherwise refer to third-party websites, tools, plugins, hosts, payment processors, software, social media platforms or other third-party services.
LDK does not control, and is not responsible for, any third-party services, including their availability, terms and conditions, privacy practices, functionality, security, content or performance, except to the extent required by Applicable Laws.
Any use by a User of third-party services is at the User’s own risk and may be subject to separate terms and conditions, privacy policies or other contractual provisions imposed by the relevant third party. It is the User’s responsibility to review and comply with such third-party terms.
LDK shall not be liable for any loss, damage, cost, expense or liability arising from or in connection with any act or omission of, or any failure, defect or interruption in, any third-party service, except to the extent that such liability cannot lawfully be excluded under Applicable Laws.
DISCLAIMERS AND NO WARRANTY
Except where a specific purpose is expressly and unambiguously linked by LDK to any particular capability, feature, product, service or functionality made available on the DMS Platform from time to time, LDK disclaims any implied warranty that the Services, the DMS Platform or the Training Programme are of merchantable quality, fit for any particular purpose, or suitable for any User’s specific objectives, requirements or circumstances.
The Services, the DMS Platform and the Training Programme are provided on an “as is” and “as available” basis, to the fullest extent permitted by Applicable Laws. LDK makes no warranties, representations, undertakings or guarantees, whether express, implied or statutory, in relation to the Services, the DMS Platform or the Training Programme, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, compatibility, availability, accessibility, security, uninterrupted access, accuracy, completeness, reliability or error-free operation.
Without limiting the generality of the above, LDK does not warrant or represent that:
The Services, the DMS Platform or the Training Programme will meet any User’s expectations, requirements or business objectives.
Access to the DMS Platform or Services will be uninterrupted, timely, secure or free from errors, defects, bugs, viruses or other harmful components.
The Training Programme, or any use of the Services, will result in any particular level of knowledge, skill, lead generation, customer growth, revenue, profit, business performance or financial success.
Any content, materials, templates, strategies, examples, case studies, tools or resources made available through the DMS Platform will be accurate, complete, suitable for any specific purpose, or capable of producing the same results for every User.
Any testimonials, case studies, success stories, earnings examples, financial illustrations or other performance-related examples made available by LDK are provided for information purposes only, reflect individual experiences, and do not constitute guarantees, promises or warranties of current, typical or future results. Individual outcomes will vary and depend on numerous factors beyond LDK’s control, including each User’s own effort, skill, experience, implementation, market conditions, business decisions and compliance with Applicable Laws.
Nothing made available through the Services or the DMS Platform constitutes legal, financial, tax, accounting, investment or other regulated professional advice, and Users remain solely responsible for obtaining independent professional advice appropriate to their own circumstances where required.
To the fullest extent permitted by Applicable Laws, all conditions, warranties and terms not expressly set out in these Terms are excluded.
LIABILITY AND INDEMNITIES
To the maximum extent permitted by Applicable Laws, LDK and its officers, members, managers, employees, contractors, licensors and affiliates shall not be liable to any User for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, data, business opportunity, goodwill or anticipated savings, arising from or in connection with the Services, the DMS Platform, the Training Programme or these Terms, whether in contract, delict (including negligence), statute or otherwise.
To the maximum extent permitted by Applicable Laws, the total aggregate liability of LDK arising from or in connection with the Services, the DMS Platform, the Training Programme or these Terms, whether in contract, delict (including negligence), statute or otherwise, shall not exceed the amount actually paid by the relevant User to LDK for the specific Training Programme or Service giving rise to the claim during the 12-month period immediately preceding the event giving rise to such liability.
Nothing in these Terms excludes or limits any liability of LDK to the extent that such liability cannot lawfully be excluded or limited under Applicable Laws.
Each User agrees to indemnify, defend and hold harmless LDK and its officers, members, managers, employees, contractors, licensors and affiliates from and against any and all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising from or in connection with:
The User’s use or misuse of the Services, the DMS Platform or the Training Programme.
Any breach by the User of these Terms or of any policy or guideline issued by LDK.
Any User Content submitted, uploaded or otherwise made available by the User.
Any breach by the User of Applicable Laws.
Any marketing or promotional conduct by the User in its capacity as an Affiliate.
Except to the extent that such claims, liabilities, damages, losses, costs or expenses are caused by LDK’s own breach of Applicable Laws.
SUSPENSION AND TERMINATION
LDK may suspend or terminate a User’s access to all or any part of the Services with immediate effect if:
The User breaches these Terms or any policy or guideline issued by LDK.
The User fails to pay any amount due to LDK when payable.
LDK reasonably suspects fraud, unlawful conduct, security compromise or regulatory risk in connection with the User’s use of the Services.
The User’s conduct could reasonably be expected to expose LDK or any other User to harm, claims, legal or regulatory action, or reputational damage.
LDK is required to do so by Applicable Laws, a competent authority or a court order.
LDK may also discontinue the Services, or any part of them, on reasonable notice to Users, subject to any obligations imposed on LDK by Applicable Laws.
Upon termination or suspension of a User’s access, the User’s right to access and use the Services ceases immediately, and LDK may revoke access credentials, disable the relevant account and take such other technical or administrative steps as it considers reasonably necessary to give effect to the suspension or termination.
Any clauses which by their nature are intended to survive termination or suspension shall remain in full force and effect, including (without limitation) clauses relating to payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnities, and dispute resolution.
PRIVACY AND DATA PROTECTION
LDK processes personal information in connection with the Services in accordance with its Privacy Policy as amended from time to time.
By accessing or using the Services, Users acknowledge that personal information may be collected, used, stored, disclosed and otherwise processed by LDK as described in the Privacy Policy and in accordance with Applicable Laws.
If a User provides personal information relating to any third party (including employees, contractors, customers or other individuals), that User warrants that it is authorised to do so and that it has provided all required notices and obtained all required consents or authorisations under Applicable Laws to permit LDK to process such personal information for the purposes described in the Privacy Policy.
REVISIONS TO THESE TERMS
LDK may update or modify the Services and these Terms from time to time, including to reflect changes in business operations, technology, industry standards or Applicable Laws.
If LDK makes a material change to these Terms, it will take reasonable steps to notify Users, including by posting the updated Terms on the DMS Platform, updating the "Last updated" date, or sending notice through the DMS Platform or by email.
The updated Terms will become effective on the date indicated in the "Last updated" field or on any later effective date specified by LDK. A User’s continued access to or use of the Services after the effective date of any updated Terms will constitute that User’s acceptance of the updated Terms, except to the extent that such acceptance is prohibited or restricted by Applicable Laws.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation, are governed by and shall be interpreted in accordance with the laws of the Republic of South Africa, without regard to its conflict of laws principles.
Any dispute arising from or relating to these Terms, the Services, the DMS Platform or the Training Programme shall first be referred to the parties’ designated representatives for good-faith informal resolution. The parties must use reasonable endeavours to resolve the dispute informally within 30 days after written notice of the dispute is given.
If a dispute is not resolved informally within the period referred to above, it shall be finally resolved by the courts of the Republic of South Africa. Each party irrevocably submits to the non-exclusive jurisdiction of the Gauteng Division of the High Court of South Africa, with its seat in Johannesburg, in respect of any action or proceeding arising out of or in connection with these Terms, the Services, the DMS Platform or the Training Programme.
Nothing in these Terms prevents LDK from seeking urgent interim, injunctive or equitable relief in the Gauteng Division of the High Court of South Africa (Johannesburg) or in any other court of competent jurisdiction where such relief is appropriate in the circumstances.
GENERAL
These Terms, together with the Privacy Policy and any additional policies or guidelines expressly incorporated by reference, constitute the entire agreement between LDK and each User in relation to the Services and supersede all prior agreements, understandings, representations or warranties (whether written or oral) relating to the same subject matter.
If any provision of these Terms is held to be invalid, unlawful or unenforceable, that provision shall be read down to the minimum extent necessary to render it valid and enforceable, or, if this is not reasonably possible, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
No waiver of any right or remedy under these Terms is effective unless given in writing, and any such waiver shall apply only to the specific instance and purpose for which it is given.
Users may not assign, transfer, delegate or otherwise deal with any of their rights or obligations under these Terms without LDK’s prior written consent. LDK may assign or transfer its rights and obligations under these Terms, in whole or in part, on notice to Users.
Notices under these Terms may be given by LDK to Users by email, through functionality on the DMS Platform, or by publication of the relevant notice or update on the DMS Platform.
CONTACT DETAILS
Any questions regarding these Terms may be directed to:
LIZELLE DE KOCK LLC
Address: 131 Continental Dr, Suite 305, Newark, DE 19713
Attention: Lizelle de Kock
Email: [email protected]