- THE MILLIONAIRE STUDENT (PTY) LTD. is a private company incorporated in the Republic of South Africa, registration number 2019/523111/07, in this document referred to as “TMS”
- THE MILLIONAIRE STUDENT (PTY) LTD. operates marketing promotions business
which is conducted on the world wide web hosted and located at the domain
www.winwithsashin.com and www.learn.winwithsashin.com TMS offers and sells a
variety of motivational, life skills and human development audio and video
presentations on its Website to Users. These presentations are aimed at improving the
quality of the human life experience through training videos and audio clips prepared
by experienced life coach experts selected by TMS. The Website also offers for sale a
variety of promotional merchandise and brand accoutrements.
- Site owner: THE MILLIONAIRE STUDENT (PTY) LTD.
- Legal status: THE MILLIONAIRE STUDENT (PTY) LTD. is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa
- Registration No: 2019/523111/07
- Director(s): Sashin Govender
- Description of main business: Sale of Life Skills Audio and Video Presentations and Promotional Brand Merchandise.
- E-mail address: WinWithSashin@yahoo.com
- Website addresses: https://hydroforced.co.za/winwith, https://www.learn.winwithsashin.com
- Postal Address: 1974 Vincent Drive Dainfern Valley Johannesburg South Africa
- When you access the website and use the services and facilities availed on the
website you agree to become bound by these TERMS AND CONDITIONS OF USE. In
this regard it is important for you to be aware of the following;
- You must be 18 years or older to use this website. If you are younger than 18, you must obtain the consent of your parents or legal guardian before using this website.
- When you use this website TMS will accept your usage as a declaration that you are 18 years or older or that your use of the website is with the specific consent and authorisation of your parent or legal guardian.
- Your use of the website services and facilitates means that you agree and shall be bound by the terms and conditions set out hereunder.
- If you do not agree with all or any part of the terms and conditions of use you should immediately stop all activity on the website. Close your browser and terminate engagement with the website. Continued usage of the website means that you accept the terms and conditions use.
- It is your responsibility to familiarise yourself with all the terms and conditions of use of the website.
- Your use of the website and any e-mail communication you may send and the responses and replies you receive constitute electronic communication. You accept electronic communication as the medium of communication to be used by yourself and TMS. You accept that electronic communication shall be acceptable medium for service of any formal legal notices that need be sent to you in terms of applicable law.
- Terms and conditions of use maybe amended at any time without notice. It is your responsibility to check these terms and conditions of use on each occasion you engage the website. On each occasion you use or engage the website you shall be deemed to have read and accepted these.
- These terms and conditions are legally binding.
- The following words have the corresponding meaning ascribed to them.
- “You” / “Your” means you the User of the Website, who by engaging the services and facilities of the Website become legally bound to the terms and conditions.
- “TMS” means THE MILLIONAIRE STUDENT (PTY) LTD a private company incorporated in the Republic of South Africa, registration number 2019/523111/07 and shall include any of its Affiliate/s.
- “Affiliate/s” means any person or jurist entity partner, director, shareholder, joint venture partner, contractor, supplier, service provider, advisor engaged by TMS in whatever capacity.
- “Website” means https://hydroforced.co.za/winwith and https://www.learn.winwithsashin.com operated by TMS.
- “Content” means all information provided to you and or purchased by you in respect of the Audio and Video Presentations and generally the content, data, information, tools resources and or constituents included on or otherwise made available to you through the Website including but not limited to text, graphics, logos, button icons, images, audio and video clips, digital downloads, data compilations and software, as well as the facilities which enable the user to view information about the Audio and Video Presentations;
- “Device” means electronic device used to access the website which includes but is not limited to personal computer, electronic tablet, smartphone or such other digital device as the case maybe.
- “Audio, Video Presentations” means packaged motivational and life skills, audio and video presentations by life coach presenters selected by TMS.
- “Personal Information” your personal information which may include your name, bio data, physical address, email address, telephonic contact details, bank and billing details among others.
- “Links” HTTP, hypertext transfer protocol links available on the website to third party websites and content therein contained.
- Your use of the website shall always be subject to these terms and conditions which shall constitute a legally binding agreement between you and TMS including its Affiliates, who shall be entitled to the same rights as TMS in terms of this agreement.
- YOUR PERSONAL INFORMATION, YOUR PRIVACY RIGHTS AND THE
CONSENTS YOU GRANT TMS
- When you use or access content on the website you may provide us with certain personal information which may include your name, bio data, physical address, email address, telephonic contact details, bank and billing details among others.
- You consent to TMS using your personal information for the following;
- for purchase of a selected Audio, Video Presentation and generally the purchase of products, merchandise and or services offered on the Website.
- to personalise your experience when engaging the Website and in relation to the Audio, Video Presentations, services and retail offers on the website.
- to recognise you when you use the website in terms of the profile information you define.
- to communicate with you and inform you of new Audio, Video Presentations, products and or services offered by TMS, and
- for the purpose of compiling profiles for statistical purposes. You consent that TMS may freely trade with such profiles and statistical data, provided that such profiles or statistical data cannot be linked to you by any third party.
- iin connection with legal claims, lawful compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or in the sale of our business interests or to protect TMS legitimate business and legal interests, to protect TMS legal rights, interests and the interests of others.
- TMS acknowledges your Privacy Rights and undertakes;
- that it subscribes to and complies with data and privacy South African legislation, the principles outlined in the Electronic Communications and Transactions Act, 25 of 2002, as amended and the Protection of Personal Information Act, 4 of 2013, as amended Electronic Communications and Transactions Act can be viewed at; https://www.internet.org.za/ect_act.html, Protection of Personal Information Act, 2013 (“POPI”) can be viewed at; http://justice.gov.za/inforeg/docs/InfoRegSA-POPIA-act2013-004.pdf ,
- that it supports compliance with provisions of General Data Protection Regulation 2016/679 ("GDPR”) the regulation in the European Union related to data protection and privacy protection. General Data Protection Regulation 2016/679 ("GDPR") can be viewed at; https://eur-lex.europa.eu/eli/reg/2016/679/oj
- that you may access and update your data, you may request the data we hold in relation to you in a reliable format.
- that it shall not use your personal information for any other purpose than the purpose that was disclosed to you unless required or permitted by law or specifically authorised by you,
- that whilst any of your personal information is used and for a period permitted by law TMS shall keep a record of the specific purpose for which your personal information was collected and details of any third party (if any) to whom your personal information was disclosed. The date of the disclosure (if any) and the purpose for which it was disclosed,
- YOUR USE OF THE WEBSITE IS RESTRICTED
- You are authorised to access and use website restricted to the following;
- for the purposes of browsing the content and to access to information made available in relation to the Audio, Video Presentations,
- for the purposes of booking and confirming purchase of a Audio, Video Presentation and or merchandise on offer,
- for purposes of providing feedback to TMS related to the Audio, Video Presentation and in respect of the website content
- You are not authorised to use or access the website or content for any other purpose.
- You are authorised to access and use website restricted to the following;
- LIMITATIONS TO YOUR RIGHTS OF USE OF THE WEBSITE AND YOUR RISK OF
- You agree to use the website at your own risk. You agree to the limitations imposed on
you as a condition of your use of the website.
- You agree to the absolute extent permissible by applicable law, that you will not hold TMS liable for any claim of whatsoever nature (including special, incidental, consequential, direct or indirect damages, including damages for loss, loss of profits, loss of business or downtime, legal costs or interest) arising out of and or relating to your use of the website or in relation to any content that you access on the website. You specifically agree and accept as follows;
- TMS gives no warranties whatsoever, either express or implied as to the content or the functionality of the website. You use, enter and engage the website and content as it stands, at your own risk.
- TMS shall make efforts to ensure that the website, its content and information pertaining to Audio, Video Presentations and or services are complete, accurate and up to date, however TMS makes no representation and gives no warranties that the website, its content and information pertaining to Audio, Video Presentations and or services are correct, accurate or complete. Neither does TMS give any warranty that any information pertaining to Audio, Video Presentations and or services contained on the website or otherwise made available through third party links and subsequent links are complete, accurate and up to date.
- 3 TMS does not warrant that the website, the content, offers and or Audio, Video Presentations will be suitable for your intended needs or personal requirements.
- Given the connected nature of the internet and the world wide web and its usage by a multitude of persons TMS gives no warranty that the website, its content and the servers that you connect to access the website are free from viruses and or any other harmful components.
- TMS accepts no liability whatsoever arising in respect of any information obtained from you in the course of your usage of the website more specifically any information that maybe incorrect, inaccurate or incomplete.
- TMS does not guarantee the security or integrity of information you transmit electronically when you use the website. Whilst reasonable security measures are undertaken by TMS to ensure the security and integrity of electronically transmitted information you agree that you do so at your own risk.
- TMS does not guarantee the continued uninterrupted hosting of the website. TMS shall be entitled to terminate hosting of the website its content, Pre-set Package offerings, products and services without notice for any cause whatsoever including but not limited to delays in data transmission, failure in data transmission, electrical failure, equipment or software malfunction or for any cause whatsoever.
- TMS shall have the sole absolute right to make changes to the website its content, any configuration of the Audio, Video Presentation offerings, merchandise, products and services without notice and for any cause.
- TMS shall be entitled without notice to deny your access to the website if acting reasonably TMS has reason to believe that you are conducting activities which are unlawful, abusive, harmful, that would compromise the integrity of the website or cause loss to TMS or any other user entitled to access the website.
- Links (http/ hypertext transfer protocol links) on the website to third party websites and
any subsequently linked third party website are accessed and used by you entirely at
your own risk. You agree to the limitations imposed on you as a condition of your use
links available on the website.
- You agree, to the absolute extent permissible by applicable law, that you will not hold TMS liable for any claim of whatsoever nature (including special, incidental, consequential, direct or indirect damages, including damages for loss, loss of profits, loss of business or downtime, legal costs or interest) arising out of and or relating to your use of linked third party websites and third party websites linked thereafter. You specifically agree and accept as follows;
- TMS has no control over the nature, content, products, offerings or services of thirdparty websites and gives no warranty as to the content, products, offerings or services of third-party websites or that third party websites, their content, products, offerings or services are suitable for your intended needs or requirements, including subsequent third party websites linked thereafter.
- TMS gives no warranty and shall not be liable in any manner whatsoever, however arsing in respect of updates, posts or any changes made to the linked third-party websites and third-party websites linked thereafter.
- TMS is not liable for any errors or inaccuracies or incomplete information made available by and on linked third-party websites and subsequent linked third-party websites.
- Unless otherwise specifically stated TMS does not endorse linked third-party websites, their business practice, their affiliates and associates, the nature, content, products, offering of third-party websites and third-party websites linked thereafter.
- TMS shall not be liable in any manner whatsoever, however arising in respect of any disclosures, including disclosures of personal information you may make on linked third party websites and third-party websites linked thereafter.
- You agree to use the website at your own risk. You agree to the limitations imposed on you as a condition of your use of the website.
- OWNERSHIP OF WEBSITE CONTENT TO REMAIN THE PROPERTY OF TMS
- TMS and or its affiliates and or its licensors shall always remain the sole exclusive owners of the Website and the website content. Other than authorised use and rights as purchaser of the Audio, Video Presentations, interception, copying in any format, alteration or dissemination of any content contained on the website is strictly prohibited.
- The Website and the website content is the exclusive property of TMS and or its affiliates and or its licensors, who assert their intellectual and moral rights. The website and the website content are subject to trademark and copyright law provisions under laws of the Republic of South Africa and international copyright laws including those established by the Berne Convention. Should you access the website from a country that is not a signatory to the Berne Covenant, TMS and or its affiliates and or its licensors shall be entitled to assert their intellectual property and moral rights in accordance with the laws of your home territory or country.
- Other than the right of usage and dissemination of functions and functionality given in relation the Audio, Video Presentations when purchased by the User from the Website, the website and content or any part or portion of the website and content may be not be copied or transmitted by any means other than specifically indicated on the website. Any grant to use, copy or transmit any part or portion of the website and content shall not constitute a grant of any licence or entitlement to intellectual property rights in relation to that part or portion of the website and content.
- FALIURE TO FOLLOW TERMS AND CONDITIONS OF USE
- Should you fail to follow these terms and condition of use, or any part of it you will be in breach of your agreement with TMS and TMS will be entitled at its instance to claim damages from you which shall include without limitation, the right to claim direct or indirect consequential damages, special and incidental damages, loss of profits and business. TMS shall be entitled to claim its full costs associated with all legal proceedings instituted together with interest.
- GOVERNING LAWS AND INTERPRETATION OF THESE TERMS AND
- This agreement is entered between you and TMS. Immediately upon use of the website by you the user this agreement becomes legally binding.
- This agreement shall be interpreted in accordance with the laws of the Republic of South Africa provided that and it is moreover specifically agreed that it shall be capable of being interpreted in accordance with the laws of the country in which you the user reside or are domiciled.
- Should any competent court or legal body with lawful authority deem any part of these terms and conditions to be defective or unenforceable then it is agreed that, that part of these terms and conditions shall be severable from remaining terms and conditions which shall continue to be binding between you the user and TMS.