VMC Consultancy Terms and Conditions
1. INTRODUCTION
These Terms and Conditions ("Terms", "Terms and Conditions" or "Agreement") govern your access to and use of the websites, online platforms, learning environments, online stores, digital resources, physical products, educational materials, professional services and other offerings provided by VMC Consultancy (PTY) LTD ("VMC Consultancy", "we", "us", "our" or "the Company").
VMC Consultancy is a South African consulting and education-focused organisation providing psychology-informed, educational, developmental, diversity and inclusion, research, training, communication and related services and resources. Our ecosystem includes, among other initiatives and offerings:
- VMC Consultancy, the principal organisation;
- VMC Learning Hub;
- Shaped by Psychology, including its blog, podcast and YouTube channel;
- Shaped by Psychology Shop;
- Afriwesternism;
- the VMC Consultancy founder website/profile;
- books, journals, guides and educational resources;
- courses and online learning;
- consulting and professional services; and
- other products, programmes, resources, services and initiatives introduced by VMC Consultancy from time to time.
By accessing, browsing or using our websites or platforms, creating an account, purchasing a product, enrolling in a course, registering for a programme, submitting content, requesting a service or otherwise interacting with the VMC Consultancy ecosystem, you agree to be bound by these Terms to the extent permitted by applicable law. If you do not agree with these Terms, please do not use the relevant website, platform, product or service.
2. LEGAL INFORMATION
Registration Number: 2011/127390/07
Registered/Business Address: Wilgeheuwel, Johannesburg, 1724
Email: info@vmcconsultancy.com
Telephone: +27 71 925 3666
Website: https://vmcconsultancy.com/
Complaints: info@vmcconsultancy.com
Information Officer: info@vmcconsultancy.com
3. DEFINITIONS
"Account" means a registered account created by a user on a VMC Consultancy website, platform or learning environment.
"Content" means any text, article, publication, book, guide, workbook, journal, illustration, photograph, graphic, logo, design, video, podcast, audio recording, course material, educational resource, worksheet, downloadable resource, framework, methodology, software or other material made available through the VMC Consultancy ecosystem.
"Digital Product" means an electronic product or resource, including an e-book, PDF, digital guide, workbook, journal, template, educational resource or similar electronic product.
"Learning Hub" means the VMC Learning Hub and associated learning-management systems or platforms operated by VMC Consultancy.
"Marketplace" or "Shop" means any online store operated by or on behalf of VMC Consultancy, including the Shaped by Psychology Shop.
"Services" means consulting, educational, developmental, research, training, coaching, mentoring, assessment, programme design, facilitation, speaking, advocacy, communication or other professional services provided by VMC Consultancy.
"User", "you" or "your" means any individual, organisation or other person accessing, purchasing from, registering with or otherwise interacting with the VMC Consultancy ecosystem.
4. SCOPE OF THESE TERMS
- the VMC Consultancy website;
- VMC Learning Hub;
- Shaped by Psychology websites and platforms;
- Shaped by Psychology Shop;
- Afriwesternism-related websites and Content;
- founder-related websites and Content;
- online courses;
- physical products;
- Digital Products;
- books and publications;
- educational resources;
- professional Services;
- consulting engagements;
- training and workshops;
- coaching and mentoring;
- Individualised Educational Plans and related educational support;
- free educational resources;
- paid resources and services; and
- other VMC Consultancy offerings.
5. ACCEPTANCE OF THE TERMS
5.2 Certain actions, including registering for an Account, purchasing a product, enrolling in a course or submitting an order, may constitute explicit acceptance of these Terms.
5.3 We may amend these Terms from time to time.
5.4 The updated version will be published on the relevant website or platform and will state its effective date.
5.5 Continued use of the relevant service after the effective date of amended Terms constitutes acceptance of the updated Terms, subject to applicable law.
6. USE OF THE VMC CONSULTANCY ECOSYSTEM
- use our platforms for unlawful purposes;
- attempt to gain unauthorised access to our systems or another user's Account;
- interfere with the operation or security of our websites or platforms;
- introduce viruses, malware or other harmful code;
- impersonate VMC Consultancy, its representatives or another person;
- submit fraudulent or deliberately misleading information;
- harass, threaten, defame or abuse another person;
- use our Content to infringe another person's rights;
- copy, reproduce, distribute or commercially exploit our Content without permission;
- circumvent access restrictions or security measures;
- scrape or systematically copy substantial amounts of Content without permission;
- use our platforms to distribute unlawful, defamatory, discriminatory, threatening or otherwise inappropriate material; or
- use any VMC Consultancy service in a manner that may damage the Company, its users, partners or reputation.
7. ACCOUNTS AND REGISTRATION
- provide accurate information;
- keep your information reasonably current;
- maintain the confidentiality of your login credentials;
- take reasonable steps to protect your Account; and
- notify us if you suspect unauthorised access.
8. CHILDREN AND LEARNERS UNDER 18
- 1. registration must be completed by or with the involvement of a parent or legal guardian;
- 2. the parent or legal guardian is responsible for providing the required consent and information;
- 3. the parent or legal guardian is responsible for supervising the learner's use of the relevant service where appropriate;
- 4. VMC Consultancy may require confirmation of parental or guardian authority;
- 5. certain programmes may have additional age or eligibility requirements; and
- 6. VMC Consultancy may restrict access where appropriate parental or guardian registration has not been completed.
- The processing of children's personal information is subject to our Privacy Policy and applicable law. POPIA contains specific provisions concerning children's personal information and the Information Regulator provides guidance concerning the processing of such information.
9. VMC LEARNING HUB
9. 1. Registration
9. 2. Paid Courses
- price;
- duration;
- access period;
- learning requirements;
- assessment requirements;
- certificate requirements; and
- cancellation or refund conditions.
9. 3. Certificates
- are not formal academic qualifications;
- are not automatically accredited qualifications;
- do not constitute registration with a professional body; and
- do not represent that the learner has obtained a qualification recognised by a university, statutory professional body or government authority.
9. 4. Learning Materials
9. 5. Learning Participation
10. SHAPED BY PSYCHOLOGY
- books;
- children's educational resources;
- journals;
- workbooks;
- guides;
- articles;
- blog content;
- podcasts;
- YouTube content;
- educational activities;
- Digital Products; and
- other psychology-informed resources and products.
- psychological treatment;
- psychotherapy;
- counselling;
- diagnosis;
- medical advice;
- emergency mental-health services; or
- a substitute for an appropriately qualified professional.
11. AFRIWESTERNISM
12. PRODUCTS
- physical books;
- e-books;
- PDFs;
- journals;
- workbooks;
- educational guides;
- children's educational resources;
- templates;
- Digital Products;
- other educational products; and
- additional products introduced from time to time.
13. ORDERS
- a product is unavailable;
- there is an obvious pricing or description error;
- payment is unsuccessful;
- fraud or unauthorised activity is suspected;
- the order cannot reasonably be fulfilled; or
- cancellation is otherwise permitted by applicable law.
14. PAYMENT
- 100% payment upfront;
- a 50% deposit with the balance payable according to the agreed schedule;
- invoicing; or
- another arrangement specified in the quotation, proposal or service agreement.
15. DELIVERY OF PHYSICAL PRODUCTS
- delivery times are estimates unless expressly guaranteed;
- customers must provide accurate delivery information;
- delays caused by third-party delivery providers may occur; and
- international deliveries may be subject to customs, duties, taxes or other charges imposed by the destination country.
16. RETURNS, DEFECTIVE PRODUCTS AND CHANGE-OF-MIND RETURNS
16.1 Defective or Damaged Products
16.2 Change of Mind
16.3 Digital Products
- the law provides otherwise;
- the product is defective;
- the product is materially different from its description; or
- another lawful remedy applies.
17. COURSE CANCELLATIONS AND REFUNDS
- a cancellation before course commencement may result in a reasonable percentage of the course fee being forfeited;
- cancellation after course materials or substantial course access has been provided may result in a higher percentage being forfeited; and
- any refund will remain subject to applicable consumer-protection law and the specific terms communicated for the course.
18. PROFESSIONAL SERVICES
- individuals;
- parents and families;
- learners and students;
- schools;
- businesses;
- organisations, including those for non-profit;
- educational institutions; and
- other clients in South Africa and internationally.
- learner/student and parent support;
- personalised educational support plans;
- Individualised Educational Plans;
- parent coaching;
- educational support;
- diversity and inclusion support;
- disability and neurodiversity support;
- programme design;
- research;
- monitoring and evaluation;
- training;
- workshops;
- webinars;
- advocacy;
- communication support;
- coaching and mentoring;
- speaking and presentations;
- academic/research support;
- English-language support;
- and other related Services.
19. QUOTATIONS AND SERVICE AGREEMENTS
- 1. an initial consultation;
- 2. a needs assessment;
- 3. a quotation or proposal;
- 4. written acceptance;
- 5. a deposit or upfront payment; and/or
- 6. a separate service agreement.
20. INDIVIDUALISED EDUCATIONAL PLANS AND EDUCATIONAL SUPPORT
- information provided by the client, parent, learner or institution should be accurate and complete;
- recommendations are based on the information and circumstances available to VMC Consultancy at the time;
- an Individualised Educational Plan is intended to support educational planning and does not automatically constitute a statutory educational placement or legally mandated accommodation;
- implementation may require cooperation from parents, educators, schools or other relevant persons; and
- educational outcomes cannot be guaranteed.
21. EDUCATIONAL AND PSYCHOLOGY-INFORMED CONTENT
22. INTELLECTUAL PROPERTY
- the VMC Consultancy name and branding;
- VMC Consultancy logos and designs;
- Shaped by Psychology branding;
- Shaped by Psychology Content;
- Afriwesternism;
- the SHAPED framework;
- original educational frameworks;
- books and publications;
- stories and characters;
- children's characters including Nia, Mosi, Tumo, Kato and more;
- illustrations;
- worksheets;
- journals;
- guides;
- educational resources;
- course materials;
- podcasts;
- videos;
- YouTube Content;
- blog articles;
- website Content;
- logos;
- graphics;
- templates;
- methodologies;
- original concepts and creative works; and
- other original Content developed by VMC Consultancy.
23. LIMITED LICENCE TO USE OUR CONTENT
- reproduce substantial portions of Content;
- sell or resell Content;
- distribute Content to third parties;
- upload Content to public websites or file-sharing platforms;
- remove copyright or ownership notices;
- modify Content for commercial use;
- use Content to create competing commercial products; or
- represent VMC Consultancy's Content as their own.
24. USER-GENERATED CONTENT
- post comments;
- submit reviews;
- participate in discussions;
- upload assignments;
- submit testimonials;
- upload images or files; and
- provide other User Content.
- you have the right to submit it;
- it does not knowingly infringe another person's rights;
- it is not unlawful;
- it is not deliberately misleading;
- it is not defamatory, threatening or abusive; and
- it does not contain malicious software.
25. LICENCE TO USER-GENERATED CONTENT
26. REVIEWS AND TESTIMONIALS
27. THIRD-PARTY SERVICES
- payment providers;
- hosting providers;
- courier and delivery companies;
- learning-management technology;
- communication platforms;
- analytics services;
- social-media platforms; and
- other technology or service providers.
28. SOCIAL MEDIA, PODCASTS AND YOUTUBE
29. ACCURACY AND CURRENCY OF INFORMATION
- information may change;
- laws, policies and educational requirements may change;
- errors or omissions may occur;
- third-party information may change; and
- information may become outdated.
30. NO GUARANTEE OF OUTCOMES
- academic result;
- career outcome;
- employment outcome;
- business outcome;
- financial outcome;
- psychological outcome;
- educational outcome;
- personal-development outcome; or
- other specific result.
31. WEBSITE AND PLATFORM AVAILABILITY
- maintenance;
- updates;
- technical failures;
- hosting problems;
- cybersecurity incidents;
- internet or telecommunications failures;
- third-party service interruptions;
- power failures; or
- circumstances beyond our reasonable control.
32. CYBERSECURITY AND MISUSE
- unauthorised access;
- password attacks;
- malware distribution;
- denial-of-service attacks;
- exploiting vulnerabilities without permission;
- accessing another user's information;
- circumventing authentication;
- interfering with servers or networks; and
- any other unlawful interference with our information systems.
- Suspected security vulnerabilities should be reported to: info@vmcconsultancy.com
33. PRIVACY AND PERSONAL INFORMATION
The Privacy Policy can be accessed at: https://vmcconsultancy.com/privacy-policy/
Where personal information relating to children is involved, additional requirements and safeguards may apply. POPIA establishes minimum requirements for the lawful processing of personal information, and the Information Regulator is responsible for monitoring and enforcing compliance with POPIA and PAIA.
34. MARKETING COMMUNICATIONS
- transactions;
- Accounts;
- courses;
- Services;
- products;
- educational opportunities;
- updates;
- events; and
- promotional activities.
35. CONFIDENTIALITY IN PROFESSIONAL ENGAGEMENTS
- is already publicly available;
- was lawfully known to VMC Consultancy before disclosure;
- is required to be disclosed by law; or
- is reasonably necessary to protect the Company's legal rights.
36. LIMITATION OF LIABILITY
37. INDEMNITY
- unlawful use of our platforms;
- deliberate misuse of our Services;
- breach of these Terms;
- infringement of our intellectual property; or
- infringement of another person's rights.
38. SUSPENSION OR TERMINATION
- a material breach of these Terms;
- unlawful conduct;
- fraud;
- abuse;
- security risks;
- misuse of Content;
- threats to other users; or
- other circumstances that justify suspension or termination.
39. EVENTS BEYOND OUR CONTROL
- natural disasters;
- severe weather;
- war;
- civil unrest;
- epidemics or pandemics;
- government action;
- power failures;
- telecommunications failures;
- major infrastructure failures;
- cyber incidents;
- labour disruptions;
- courier failures; or
- failures of third-party service providers.
40. COMPLAINTS
Complaints may be submitted to:
Email: info@vmcconsultancy.com
Telephone: +27 71 925 3666
Please provide sufficient information to enable us to understand and investigate the complaint. Where appropriate, we will acknowledge and investigate complaints within a reasonable period. Nothing in these Terms prevents a consumer from exercising a statutory right to approach an appropriate regulator, ombud, tribunal, court or other dispute-resolution mechanism.
41. DISPUTE RESOLUTION
42. GOVERNING LAW
43. SEVERABILITY
44. NO WAIVER
45. ENTIRE AGREEMENT
- the Privacy Policy;
- applicable product terms;
- course-specific terms;
- refund or cancellation provisions;
- quotations;
- proposals;
- invoices;
- service agreements;
- statements of work; and
- other expressly applicable written agreements, constitute the applicable contractual framework between VMC Consultancy and the user or customer.
46. CHANGES TO THE VMC CONSULTANCY ECOSYSTEM
- brands;
- websites;
- products;
- courses;
- learning programmes;
- Services;
- educational resources;
- podcasts;
- videos;
- publications;
- technology platforms; and
- other initiatives.
47. CONTACT INFORMATION
Email: info@vmcconsultancy.com
Telephone: +27 71 925 3666
Website: https://vmcconsultancy.com/
Complaints: info@vmcconsultancy.com
Information Officer: info@vmcconsultancy.com
48. ACKNOWLEDGEMENT
- 1. you have had an opportunity to read these Terms and Conditions;
- 2. you understand that specific products, courses and professional engagements may have additional terms;
- 3. you agree to comply with these Terms;
- 4. you understand that the Privacy Policy governs the processing of personal information;
- 5. you understand that psychology-informed and educational Content does not automatically constitute professional treatment or advice;
- 6. you understand that certificates issued by the VMC Learning Hub are certificates of completion unless expressly stated otherwise;
- 7. you understand that intellectual property belonging to VMC Consultancy may not be reproduced or commercially exploited without permission; and
- 8. you understand that nothing in these Terms is intended to remove or restrict rights that cannot lawfully be excluded.