Terms Of Service

Shopper Marketing Experts – Platform Terms of service and Privacy Policy

Welcome to Shopper Marketing Experts’ website – A CB4 Business Resource Centre product in a reliant contract with various third party Licensors. If you continue to access and use this website ‘www.shoppermarketingexperts.com’ or ‘www.help.shoppermarketingexperts.com’, you are agreeing to comply with and be bound by the following terms and conditions of use which, together with our privacy policy, govern CB4’s relationship with you in relation to this website. If you do not agree with any part of these terms and conditions, you must immediately stop accessing and using our website.

The terms ‘CB4 Business Resource Centre’ or ‘CB4’ or ‘Shopper Marketing Experts’ or ’‘us’ or ‘we’ refers to the owner of this website (or ‘site’) whose registered office is East London, South Africa. Our company registration number is 2010/018508/23. Our postal address is Shopper Marketing Experts, P.O Box 13183, Vincent, East London, South Africa, 5241

You, the customer, shall be referred to herein as ‘you’, the ‘customer’, the ‘purchaser’ or the ‘client’. The terms ‘learning product’, ‘learning service’, ‘learning package’, ‘learning platform’, ‘learning solution, ‘learning lesson’, ‘learning course’, ‘learning content’, ‘learning materials, ‘learning information’  and ‘learning module’ and any variation without the use of ‘learning’ refer to the information, training content, materials and services that are available to purchase, for free and or as a value added service on this website.

You can contact us by email – support@shoppermarketingexperts.com – for more information regarding these terms and conditions.

Terms of Use and Ownership of Intellectual Property
The registration, purchase, access and use of Shopper Marketing Experts’ learning products is subject to the following terms of use and intellectual property rights:

When registering for one of our learning products, you must provide Shopper Marketing Experts with a valid, active e-mail account at the time of purchase. If this e-mail account becomes invalid or inactive at any time, you must change your profile immediately to include your new valid, active e-mail account.

The content, information and materials featured in our learning products are for the client’s general information and use only. All content, information and materials featured in our learning products, including but not limited to the text, graphics, design, logos, button icons, images, audio clips, video clips, digital downloads and data compilations, are the exclusive property of Shopper Marketing Experts unless otherwise stated.

Reproduction of the content, information or materials featured in our learning products is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. The client may not copy, reproduce, re-create, modify, alter, distribute, publish, display, store, post, transmit, revise, decompile, disassemble or reverse engineer any of the content or the products available on this website, directly or indirectly, without the express written permission of Shopper Marketing Experts. In addition, the client must agree not to resell, license or sub-license for profit or otherwise provide a third party with access to the learning products or individual learning lessons which are available on the Shopper Marketing Experts website. The client may not attempt to derive the source code of any of the website’s products or services or otherwise use the products or services to develop any other computer programme or learning material.

If any of these terms and conditions are breached or compromised by the client, Shopper Marketing Experts may, by their sole and absolute discretion, block the client’s access to the website’s learning services and its related content, information and materials. Unauthorized use of any of the learning products featured on this website may give rise to a legal claim for damages and/or be a criminal offence and lead to prosecution.

Prices
All of our prices are quoted and charged in US Dollars at the point of purchase. Payments made to Shopper Marketing Experts from other currencies will be converted to US Dollars at the prevailing exchange rate when an online purchase is completed. All online purchase receipts will show the exact amount charged in US Dollars. The prices quoted for our learning packages are inclusive of 14% Value Added Tax. We reserve the right to change these prices without notice. We use the ‘PayPal’ service to process credit card, debit card, Visa and MasterCard transactions.

Conditions of Sale and Delivery
Individuals and organisations are required to purchase the Shopper Marketing Experts learning packages prior to accessing and using them. Payments can be made by entering either valid credit card or debit card details or MasterCard or Visa or PayPal account details at the time of purchase via the website’s shopping cart.

Alternatively, if a corporate account is in place, a written instruction can be made directly to Shopper Marketing Experts from the authorized buyer, with a Purchase Order and billing details. If you would like to set up a corporate account for your organisation, please contact Shopper Marketing Experts directly on billing@shoppermarketingexperts.com

Upon purchasing a learning package, individual access to all of the appropriate content, information, materials and additional resources, sometimes provided by third parties, is granted to each user for a predetermined period from the original date of purchase, which period may differ across various learning packages, and in accordance with any third party stipulations which may be binding in relation to their offering. At the end of the period, your access to the learning package will expire and no further access to the learning package will be available thereafter. Upon purchasing a learning package, the appropriate learning lessons may be accessed as many times as required during the period provided that they are accessed solely for the personal use of the client, unless specifically stated otherwise within these terms and conditions or agreed otherwise by Shopper Marketing Experts or stated differently in the usage terms of a specific learning package.

Purchasers of multi-user learning packages will receive individual usernames and passwords for the total number of users registered and paid for. On configuration of all usernames and passwords, the multi-user learning package may only be used by the separate individuals who have received the permission of the original purchaser.

Shopper Marketing Experts reserves the right to terminate your access to our learning platform without a refund and prohibit access to all of the learning content, information and materials if one of your usernames is found to have been accessed concurrently by more than one computer or accessed by more than three IP addresses on any given day.

Clients are prohibited from sharing access to a learning package with a third party who is not subject to these terms and conditions. The original purchaser and or individual users are responsible for keeping their login details (i.e. username(s) and password(s)) secure. If a third party who is not subject to these terms and conditions is found to be using a client’s login details, the original purchaser’s and or user’s access to Shopper Marketing Expert’s learning platform will be terminated and the original purchaser and or user will not be entitled to a refund.

Shopper Marketing Experts reserves the right to modify any content, information or materials featured on the learning platform, including but not limited to the learning lessons, video clips, audio clips and additional resources, at any time and without prior notice.

Instructional Sessions
Individual or group instructional sessions may be offered as part of, or in conjunction with, a learning product, package or lesson in order to enhance or promote learning. Shopper Marketing Experts reserves the right for these sessions to be provided either synchronously in real time or asynchronously via the Shopper Marketing Experts website or an external website. We reserve the right to provide synchronous real-time coaching sessions using telephone or electronic media devices. We also reserve the right to change the timing or medium of the instructional sessions, although we will endeavor to give the client a minimum of 24 hours notice of any change.

Refunds, Returns and Cancellations
Refunds will be entertained and processed at the sole discretion of Shopper Marketing Experts and the user must notify the Shopper Marketing Experts of such request within seven working days from the original purchase date. The original purchase date refers to the date that you agreed to purchase the learning product and completed the first payment for that package via the shopping cart on the Shopper Marketing Experts website. Refunds will not be issued for downloadable content or content which Shopper Marketing Experts have no control of measuring or for any third party product over which Shopper Marketing Experts have no control in its delivery and or meeting the clients requirements.

Refunds will not be issued for any downgrade or cancellation of any paid packages. Any downgrade or cancellation on packages, whether annually or monthly paid, will take effect only at the next effective payment date as registered in the initial package choice and payment.

To submit a request for a refund, the client must contact Shopper Marketing Experts by sending in writing an email to support@shoppermarketingexperts.com. The client must include the Order Identification (ID) Number (which is provided in the billing email sent to the client upon successful purchase of one of Shopper Marketing Experts’ learning products), Full Name, Email Address, Billing Address and Telephone Number in the refund request, along with a copy of the receipt of purchase. Shopper Marketing Experts will contact the client via email within seven days of receipt of such request to inform the client of the necessary pending action, whether a refund will be approved or declined.

Refund requests that are submitted by clients more than seven working days after the original purchase date will not be processed. No exceptions will be made to this policy.

If and after a refund is issued, the client is obliged to destroy all digital copies and physically printed copies of the content, information and materials associated with the learning product that he or she has requested a refund for. This includes but is not limited to all digital copies held as an email attachment or stored on a hard drive, computer device, online storage service, external drive, mobile phone device or any other handheld device, or held as printed copies, etc.

Receipts, Billing and Settlement
Receipt of purchase is provided online at the time of purchase with a copy sent via email from Shopper Marketing Experts to the e-mail address specified by the client at the time of purchase. It is important that the client prints, saves and maintains a copy of these receipts because the information contained within the receipts will be required if there are any technical or other unforeseen issues in the future that affect your access to the learning platform. Any information contained within the receipt(s) that is deemed by the client to be incorrect or incomplete must be raised by the client with Shopper Marketing Experts via email, writing or telephone within 48 hours of the time of purchase. We will endeavour to rectify the incorrect or incomplete information within 48 hours of receiving a reasonable request from the client.

Third Party Links
This site may provide links to third party Websites or products. Shopper Marketing Experts is not responsible for the policies or practices or the content and products of such Websites; and the inclusion of any link to any such Website or product does not imply endorsement or sponsorship by Shopper Marketing Experts of such site, or product, or any matter or thing or content on the site.

Disclaimer
Shopper Marketing Experts do not give any warranty or other assurance as to the operation, quality or functionality of the Shopper Marketing Experts learning platform, learning packages or individual learning lessons, or any of the content, information or materials that are offered within a learning product. Our staff and associates reserve the right to not discuss the content, information or materials that are offered within a learning product with the client or any organisation.

Neither Shopper Marketing Experts nor any third parties provide any warranty or guarantee as to the accuracy, completeness, performance, suitability, timeliness or fitness for any particular purpose of the content, information or materials which are available, directly or indirectly, through the Shopper Marketing Experts learning platform. The client must acknowledge that such content, information and materials may contain inaccuracies and errors and we expressly exclude liability for any such inaccuracies and errors to the fullest extent permitted by the laws of South Africa and the country of any particular user.

The client’s use of any content, information or materials, provided directly or indirectly via the Shopper Marketing Experts learning platform, is entirely at your own risk, for which Shopper Marketing Experts shall not be liable. It is your own responsibility to ensure that any of the learning products, services and information made available through the learning platform meet your specific requirements before the time of purchase. To the fullest extent permitted by the laws of South Africa and the country of the particular user, Shopper Marketing Experts disclaims all responsibility for any damages or losses (including, without limitation: financial loss; damages for loss in business projects; loss of profits; loss of revenue; or other consequential losses) that arise in contract, delict or otherwise from the use of the Shopper Marketing Experts learning platform or any content, information or materials referred to in the Shopper Marketing Experts learning packages or individual learning lessons, or from any action or decision that is taken as a result of using the content, information or materials featured on, or obtained directly or indirectly via, the Shopper Marketing Experts learning platform. All of our employees’, associates’ and/or instructors’ comments, provided for any reason, whether written or verbally communicated, are also covered by this disclaimer.

Shopper Marketing Experts reserves the right to modify any of the content, information and materials featured on the Shopper Marketing Experts learning platform and in any learning package, product or individual lesson at any time, without prior notice or consent on the client’s behalf.

Legal & Arbitration
We operate under the Laws of South Africa.

The validity, construction and performance of these terms and conditions shall be governed by the Laws of South Africa and any dispute that may arise out of, or in connection with these terms and conditions, including its validity, construction and performance, shall be determined by arbitration under the Rules of the South African Court of Arbitration at the date thereof. Rules with respect to matters not regulated by the South African Court of Arbitration incorporate the UNCITRAL Arbitration Rules. The parties agree that service of any notices in reference to such arbitration at the addresses as given in the terms and conditions shall be valid and sufficient.

Privacy Policy
The collection of personally identifiable information about or from site visitors may be used by the Shopper Marketing Experts in accordance with its Privacy Policy.

This Privacy Policy describes how the Shopper Marketing Experts Website, collects, uses and shares Personal Information and Non-Personal Information (as defined below) obtained from and about individuals when visiting the Website. By accessing this Website, visitors to the Website (sometimes “you” or “your”) agree to this Privacy Policy. If you do not understand this Privacy Policy or you do not agree with it, please make no use of, and leave, the Website. Shopper Marketing Experts reserves the right at any time, and from time to time, to change this Privacy Policy. Any such change will become effective immediately. Continued use of the Website after the posting of any change will signify that you agree to the change. If you do not understand any change or you do not agree with it, please make no use of, and leave, the Website.

Collection of Information

(A) Personal Information: As used herein, “Personal Information” refers to personally identifiable information – information that identifies you or can be used to identify or contact you. By way of example, Personal Information may include your name, address, telephone number and e-mail address. Shopper Marketing Experts collects Personal Information via the Website when you register with Shopper Marketing Experts, or sign up for any learning product and or service, or post a comment, so that it may initially contact you via e-mail, telephone or mail, or send you email alerts, white papers or other subscriptions to information or services that you may request via the Website; and to track your progress within any of the learning products and or services offered by Shopper Marketing Experts for which you have registered and or signed up, and, only the Personal Information that is reasonably necessary to achieve this end will be collected via the Website. In all other respects, the Website may be used (and the content of the Website accessed) WITHOUT providing any Personal Information. As the Website is intended for use only by persons who are of the age of majority in their jurisdiction of residence (generally, 18 or over), Shopper Marketing Experts will NOT knowingly request Personal Information from persons who are not of the age of majority. IF YOU ARE NOT OF THE AGE OF MAJORITY, DO NOT PROVIDE ANY PERSONAL INFORMATION VIA THE WEBSITE.

(B) Non-Personal Information: Generally. As used herein, “Non-Personal Information” is information, that by itself, cannot be used to identify or contact you. By way of example, Non-Personal Information may include your first name, age, gender and city/state of residence, your IP address, browser types, domain names, or other anonymous statistical data involving use of the Website.

Passive Collection of Non-Personal Information

(A) Cookies. Cookies are files or pieces of information that are stored by your browser on your computer’s hard drive. Shopper Marketing Experts may use cookies to track unique visitors to the Website; to track who has used certain areas of the Website, and the path used to get to those areas; to track non-Personal Information about users of the Website, the browser used, and to allow Shopper Marketing Experts to create reports for its internal use only (for example, such reports may evaluate the usage and/or popularity of certain areas of the Website). Shopper Marketing Experts does NOT use cookies to collect or otherwise record any type of Personal Information provided by or about any visitor to the Website; nor will Non-Personal Information captured by cookies or web beacons (see below) be correlated with Personal Information provided by Website visitors unless for the express purpose of tracking your usage of and progress in any of the learning products and or services offered by Shopper Marketing Experts for which you have registered and or signed up. From time to time there may be features that allow you to block or refuse to accept cookies. Blocking and or refusing to accept the use of cookies in these instances may affect the use of such features and may prevent you from being able to access certain areas and/or content on the Website.

(B) Web Beacons. Web beacons (also known as clear GIFs or action tags) are a web technology, used in conjunction with cookies, which enable Shopper Marketing Experts to track Website usage information, such as the number of times a given web page has been viewed. Web beacons are invisible to you and (unlike cookies) are not placed on your computer. Web beacons, which can be “read” by cookies, may be embedded in certain areas of the Website and learning products. Shopper Marketing Experts does NOT use web beacons to collect or otherwise record any type of Personal Information provided by or about any visitor to the Website.

How Personal Information & Non-Personal Information Is Used/Shared.

(A) Personal Information. Shopper Marketing Experts will use Personal Information collected from you so that it may initially contact you via e-mail, telephone or mail, or send you white papers or other information that you may request via the Website, or to deliver to you and track your progress in any of the learning products and or services offered by Shopper Marketing Experts for which you have registered and or signed up. Shopper Marketing Experts will not make any other use of your personal information or share your information with any third party, except (a) as is necessary (as determined by Shopper Marketing Experts in its sole discretion) for Shopper Marketing Experts to fully comply with applicable law (such as, investigations by law enforcement authorities) and (b) the sharing of your personal information with those persons retained by the Shopper Marketing Experts to administer the Website on Shopper Marketing Experts’ behalf.

(B) Non-Personal Information. Shopper Marketing Experts may use non-Personal Information (in aggregate form) for internal purposes and/or for creating reports for Shopper Marketing Experts’ own use, or for tracking your usage of or progress in any of the learning products and or services offered by Shopper Marketing Experts for which you have registered and or signed up. Shopper Marketing Experts will NOT obtain your permission before using your non-Personal Information. Non-Personal Information will NOT be shared with any third party, subject to the same exceptions as applicable to Personal Information (above).

Third Party Links.

As fully addressed in the “Terms of Use” of the Website, the Website may contain links to other Websites on the World Wide Web that are not operated or owned by Shopper Marketing Experts. Before providing any Personal Information on such third party Websites or otherwise using such Websites, it is strongly recommended that you carefully review the information collection/use/sharing practices, privacy policies, and terms/conditions of use of such Websites.

Safety & Security.

If you share your computer or use a computer that is accessed by the general public, always remember to sign off and close your browser window when you have finished your session. This will help to ensure that others cannot access your Personal Information. Shopper Marketing Experts takes steps in an effort to ensure that all information provided by you, whether Personal Information or Non-Personal Information, is treated securely. Regardless of the precautions taken, no data transmission over the Internet, however, can be guaranteed to be totally secure. Shopper Marketing Experts cannot guarantee the security of any information you transmit to Shopper Marketing Experts via the Website. Your use of the Website and provision of Personal Information to Shopper Marketing Experts via the Website is solely at your own risk.

Access To Personal Information.

If you do not want information collected from the Website, please do not submit any information while visiting the Website. If you have already submitted personal information to us and would like us to remove it from our records, send us an email to support@shoppermarketingexperts.com:  ATTN: Shopper Marketing Experts PRIVACY PRACTICES. Once we have received your request, we will remove your information from our files within thirty days.