Digital Products Terms of Use, Website Terms of Use and Privacy Policy

Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Research Masterminds LLC ("we", "our" or "us") provide the Digital Product(s) to you, as purchaser of the Digital Product(s).

BY PURCHASING ANY DIGITAL PRODUCTS FROM THE RESEARCH MASTERMINDS LLC OR A URL RELATED TO HTTPS://RESEARCHMASTERMINDS.COM/ YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS AS OUTLINED BELOW. SPECIFIC TERMS & CONDITIONS RELATED TO THE RESEARCH MASTERMINDS SUCCESS ACADEMY (MEMBERSHIP) CAN BE FOUND HERE: HTTPS://ACADEMY.RESEARCHMASTERMINDS.COM/MEMBERSHIP-TERMS-AND-CONDITIONS

 

Our core ethos for the Research Masterminds LLC is to help (post)graduate students progress through their research journeys by providing Digital Products that support their research journeys. These Terms and Conditions details from the outset how we will deliver the digital product(s) to you. If you plan to purchase a Digital Product from Research Masterminds LLC, you must read these terms and conditions in full prior to purchasing.

 

  1. Digital Products Terms & Conditions ('Terms'): Key Details

These Terms cannot be varied, and in proceeding to purchase the Digital Product, you will be deemed to have accepted these Terms. The Terms set out below apply to the Digital Products offered by Research Masterminds LLC. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which Research Masterminds LLC ("we", "our" or "us") provide the Digital Product(s) to you, as purchaser of the Digital Product(s). These Terms are subject to any rights you have under consumer law to which we are bound and cannot be waived by contract.

Please be aware that we may update these Terms at any time.

 

  1. Digital Products

 

Digital Products refer to templates, checklists and courses as purchased from the Research Masterminds LLC or a URL related to https://www.researchmasterminds.com/. The Digital Product(s) will be provided in English; translations are not available.

 

Each Digital Product(s) have been developed or its development has been guided by Benita Olivier’s experience as a postgraduate student, supervisor to (post)graduate students and full-time professor in the health sciences field at a tertiary academic institution. Benita Olivier has an MSc in Physiotherapy (University of the Witwatersrand), an MSc in Movement Analysis (University of Dundee) and a PhD (University of the Witwatersrand). She is the Director of the Wits Cricket Research Hub for Science, Medicine and Rehabilitation and has supervised more than 30 postgraduate students to completion. Click here for more information about her: https://orcid.org/0000-0001-9287-8301

 

Reference is made to third-party resources where relevant and helpful. We have no control over what they add to their websites, the accuracy or availability thereof; therefore, we can't take responsibility for their content. However, we will do our best to ensure that the resources provided to you are useful to you in your research journey.

 

Benita Olivier does not earn a commission from any of the third parties listed as resources in any of the Digital Products.

 

Details of the content of each of the Digital Products are found on the sales pages through which you accessed the order form and these terms & conditions. The sales page is a webpage that describes the content of each Digital Product in detail. Ensure that you have read the information on the sales page and email info@researchmasterminds.com should you have any further questions.


  1. Cost and Payment Terms

The cost of the Digital Product is stated in United States Dollar inclusive of VAT/Taxes on the sales page and order form.

We reserve the right to change the content of the Digital Products and the associated price point at any time.


  1. Refunds and Cancellation

It is our aim that you will be completely happy with the Digital Product you purchased.

As you have instant access to the Digital Product, you will not be entitled to a refund. Please consider the Digital Product detail carefully as described on each Digital Product’s sales page before purchasing and get in touch to ask any questions about suitability if needed. You will not be entitled to a refund if you change your mind. Your statutory refund rights are not affected.


  1. Disclaimers

We make no guarantees or claims as to the success of anyone who purchased a Digital Product from the Research Masterminds LLC. Each individual is unique, and their abilities are unique to them. The aim is to help (post)graduate students progress through their research journeys by providing supportive Digital Products to complete their studies successfully.

All Digital Products provided will be general information and guidance and will not be bespoke advice. We are not responsible for any action or inaction which you take as a result of the information within the Digital Products. We are not responsible for any loss of opportunity or any investments you make. No content in Digital Products should be construed as medical (whether mental or physical) or legal advice. If you believe that you require medical or legal attention, you should immediately seek assistance from a medical or legal professional, respectively.

 

  1. Limitation of Liability and Indemnification

To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the Digital Products. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).

If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Digital Products, our liability shall in no event exceed the total of any fees with respect to the Digital Product received by us from you.

Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence or any other liability which cannot be limited or excluded by law.

You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors' fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.

 

  1. Privacy and Confidentiality

Your privacy and protection of your personal data are important to us. You are responsible for ensuring that your contact details are accurate and up-to-date at the time of purchase.

Your personal data is protected as set out in our privacy policy which can be found https://www.researchmasterminds.com/privacy-policy. By providing your personal data you agree to the terms of our privacy policy.


  1. Intellectual Property

At all times, the intellectual property rights and copyrights associated with the Digital Products remain with us. You have the right to use the Digital Product(s) as learning tools, but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights. If you would like to recommend any of our Digital Products, refer them to https://www.researchmasterminds.com/.


  1. Force Majeure

Where either party is prevented from or delayed in carrying out its obligations under these Terms, due to circumstances beyond their reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, inclement weather, pandemic/epidemic, lock-outs, strikes or other employment disputes, performance of their obligations shall be postponed until these circumstances end.

 

  1. Waiver

In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.


  1. Errors and Inaccuracies

There may be information within our Digital Products which contains typographical errors, inaccuracies or omissions relating to the content, pricing or promotion of the Digital Product(s). We reserve the right to correct or amend any errors without prior notice.


  1. Jurisdiction

These Terms are governed by the laws of South Africa. The South African Courts have exclusive jurisdiction over any matter and proceedings arising out of the purchase of the Digital Product(s).

 

  1. Complaints

It is our aim that you are completely satisfied with the Digital Product(s). Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of quality. If you have a complaint about the Digital Product(s), this should be made via an email to info@researchmasterminds.com.

 

  1. General

We intend to rely on the written Terms set out in these Terms and Conditions for the Digital Product(s) we provide to you after purchase. These written Terms shall constitute the entire agreement between us.

Should there be any conflict between these Terms and any Membership hosting platform or payment gateway, these Terms shall prevail.

If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).

No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation and delivery of Digital Products. Any changes will be notified to you as soon as possible.

 

Website Terms of Use


These Terms and Conditions set out how you (the User) can use this Site. Please read them carefully.


1. Introduction

The Research Masterminds LLC Privacy Statement is set out in a separate page accessible here https://researchmasterminds.com/privacy-policy and confirms how we use data relating to you and it forms part of these Terms of Use.


These Terms and Conditions describe the terms on which you are permitted to use this Site. Separate legal terms apply to purchases made via this Site. These terms may change from time and the terms in force will be displayed on this page.


2. About Us and How to Contact Us

Research Masterminds LLC is a Limited Liability Company in the State of Delaware, United States. The registered office is:

8 The Green STE R, Dover, 19901

You can contact us in writing via info@researchmasterminds.com or by post at the following address: 490 Opstal street, The Willows, 0184, South Africa.


3. Site Use

By visiting https://researchmasterminds.com/ you are consenting our terms and conditions as set out below. Should you not wish to accept the terms and conditions of this Site in full you should cease using this Site immediately.

This website, https://researchmasterminds.com/, will be referred to as the “Site”. All visitors to the Site will be referred to as “User” “You” or “Your”. As a user, you will be bound by these Terms of Use which may also be referred to from time to time as Terms and Conditions. The terms “We” “Us” and “Our” refer to Research Masterminds LLC. Accessing and using the Site constitutes acceptance of the Terms of Use.

By using this Site you agree to the Terms and Conditions without modification. We reserve the right to amend the Terms of Use of this Site and on doing so we will update these Terms and Conditions.

This Site is intended for use by persons who are a minimum of 18 years old.

You must not copy, share or disseminate the information on this site which is subject to copyright for which all rights are reserved.

This Site is directed to people residing in South Africa. We do not represent that the content will be available or appropriate in other locations. This Site is written in English and we do not take responsibility for any translations which are applied to this Site.

In using this Site you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.


4. Terms

The content on this Site, and the associated social media channels (via Twitter https://twitter.com/ResearchMminds, Instagram https://www.instagram.com/researchmasterminds/?hl=en, Facebook https://www.facebook.com/ResearchMasterminds/, YouTube http://www.youtube.com/c/ResearchMasterminds, LinkedIn https://www.linkedin.com/company/research-masterminds) and email marketing, will include information on research and academia. All content is intended for informational purposes only. None of the content in emails, blog posts or social media posts should be construed as professional, ethical, legal or medical advice, or replace postgraduate or research project supervision or mentorship as provided by a tertiary education institution.

In addition to these Terms of Use please be aware of our Privacy Policy which include key terms which are set out separately on our Site.


5. Site Operation

This Site is available free of charge. We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Site is to be suspended.

We do not guarantee that this Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.


6. Privacy Policy

Our business has a privacy policy. The key elements of that policy are set out on this Site in our Privacy Statement, last updated 16 November 2021. The Privacy Statement can be found at https://researchmasterminds.com/.


7. Intellectual Property Rights

This Site contains intellectual property created and owned by Research Masterminds LLC unless otherwise stated. The Intellectual Property includes all content on the Site. Content means any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails. All photographs and videos on this website and the connected social media channels (Twitter https://twitter.com/ResearchMminds, Instagram https://www.instagram.com/researchmasterminds/?hl=en, Facebook https://www.facebook.com/ResearchMasterminds/, YouTube http://www.youtube.com/c/ResearchMasterminds, LinkedIn https://www.linkedin.com/company/research-masterminds) are subject to copyright.


No permission is given to directly reprint or republish the site content in part or in full without acknowledgement and links back to the original page or content source. At no point are you entitled to claim rights over our intellectual property. This includes but is not limited to republishing or sharing any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails.


Should you wish to utilise the content on this Site please contact info@researchmasterminds.com to make your request. You must receive written permission to repurpose, copy and/or modify any content on this Site, or content which is shared to you by email or on social media.


If you are granted permission to share content from this Site or our social media channels, please link back to the specific website page and let us know that you have shared the piece so that we can share your piece with our audience].

For all copyright requests please contact Benita Olivier via info@researchmasterminds.com.


8. Loss or Damage

Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, is limited to £250.


9. Refund Policy

Should you decide to join the Research Masterminds Success Academy from this Site then you will enter into a contract of sale with us at the point of sale. More information can be found in the Membership Terms accessible from this page https://researchmasterminds.com/.

Should you decide to purchase a digital product from this Site then you will enter into a contract of sale with us at the point of sale.

If you make an electronic purchase then you will be sent a link for a direct download. At the point of purchase, you will be asked to confirm your express consent to receiving the download immediately. In agreeing to receive the download at the point of purchase you will lose your right to cancel and your right to a refund. Should you have any questions about your purchase we will be happy to assist.


10. Disclaimers

The information on this website is intended for information purposes only. The content on this Site does not constitute professional, ethical, legal or medical advice, or replace postgraduate or research project supervision or mentorship as provided by a tertiary education institution. Should you require advice under any of these heads then you should contact a professional directly. Viewing the information on this Site does not constitute a contractual relationship between you and us. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.


Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.


Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.


This Site may contain links to other sites. These sites are not under our control, and we cannot be responsible for any actions or events arising from you following any links from this Site. Links are provided for informational purposes only and should note be interpreted as approval or endorsement by us.


Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.


11. Jurisdiction and Dispute Resolution

These Terms are governed by the laws of South Africa. The Courts of South Africa have exclusive jurisdiction for any matter and proceedings arising out of the use of this Site. It is intended that all disputes can be resolved with good faith between the parties. Should it not be possible to resolve a dispute then the dispute shall be referred to mediation.


12. Cookies Policy

This Site uses cookies; small files of letter and numbers that are automatically placed on your machine – if you agree - to help our Site provide a better user experience. Cookies do not typically include identifying personal information, but cookies may also be linked to personal information which is stored about you.


We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.


In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site. Except for essential cookies, all cookies expire within a reasonable period of time.


13. Miscellaneous

Whilst using this Site you may provide personal information about yourself including your name and email address. When providing these details, you agree to provide accurate and up to date information.

For the avoidance of doubt the Terms of Use stand as terms only, there is no intention to create a contract.


Privacy Policy

We take safeguarding online privacy seriously. Please read the whole of this statement carefully as it sets out what information we may collect from you, how we may use it and your rights in respect of our use and the key details of our privacy policy.


From time to time, we may need to change our privacy policy because of changes in our organisation, legislation or in our attempts to serve your needs better. We will use reasonable efforts to publish any changes to our privacy statement.

Research Masterminds LLC is responsible for collecting, processing, storing and safe-keeping personal and other information as part of providing a service and carrying out our regular business activities. We manage personal information in accordance with the General Data Protection Regulation (EU) 2016/679 and the Protection of Personal Information Act (POPI) No 4 of 2013 (South Africa).

Any questions regarding our processing of personal data should be directed to us via info@researchmasterminds.com.


1. Scope

Our Privacy Statement governs any kind of processing where we are acting as a data controller or co-controller (including collection, use, transfer, storage and deletion) of personally identifiable information (any information that may be used to identify a physical person, and any other information associated therewith) about natural persons. This statement applies to our processing of data collected through any means, actively as well as passively, from persons located anywhere in the world.

We are guided by the following principles when processing data:

1. We will only collect data for specific and specified purposes; we will make it clear at the point when we request your information, what we are collecting it for and how we are going to use it;

2. We will not collect data beyond what is necessary to accomplish those purposes; we will minimise the amount of information we collect from you to what we need to deliver the services required;

3. We will collect and use your personal information only if we have sensible business reasons for doing so, such as informing you of new content uploaded on our website, new videos released on the Research Masterminds YouTube Channel or making you aware of offers and opportunities associated with the topics of research and academia.

4. We will not use your data for purposes other than those for which it was collected, accepted as stated within our policy, or with your prior consent;

5. We will seek to verify and/or update your data periodically and we will accept requests from you for amendment of the data held;

6. We will apply high technical standards to make our processing of data secure;

7. Except otherwise stated, we will not store data in identifiable form longer than is necessary to accomplish its purpose or as required by law.


2. Information Collected

The information we may collect about you could include, but is not limited to:

1. Personal details such as name and email address

2. Lifestyle and social circumstances

3. Physical or mental health details

We will collect information from you when:

1. You sign up to our mailing list

2. You download an opt-in

3. You join a course, membership or programme

4. You contact us for information via our website or social media channels, by phone or email

5. You post on our social media channels, website or blog

6. You work with us in a commercial capacity

We may use the information collected to:

1. Allow you to process a booking for a product or course

2. Create a profile for you on our site

3. Send you our newsletters or provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes

4. Ensure that content from our site is presented to you in the most effective manner for you and your computer

5. Allow you to participate in the service you have chosen to do so

6. Notify you about changes to our service


3. Information Storage

If you provide us with your email address it will be stored, along with your first name and surname, lifestyle and social circumstances, physical or mental health details via Mailerlite and Simplero. Mailerlite and Simplero who have their own privacy policy and will protect your data. You can find out more here: https://www.mailerlite.com/legal/privacy-policy and https://simplero.com/privacy-policy. We will never sell or share your personal information with third parties.


4. Legal Basis for Processing Your Data

The General Data Protection Regulation (GDPR) provides that processing of your data shall only be lawful if and to the extent that at least one of the following applies:

1. You have consented

2. For the performance of a contract

3. For compliance with a legal obligation which we must perform

4. To protect vital interests of your or another person

5. It is in the public interest

6. It is in the legitimate interests pursued by us or a third party

We collect data for the purposes set out above. Data is managed to ensure that it is either erased from our system when it is no longer required for the purpose for which it was collected, retained for legal reasons or minimised and retained.

Any health data collected from you has special protection and is limited to that permissible by law.


5. Links from Our Site

Our site contains links to and from other websites which are operated by individuals and companies over which we have no direct control. If you follow a link to any of these websites, please note that these websites have their own privacy and terms of use policies. We do not accept any responsibility or liability for these policies. We advise you to check the policies for third party sites before you submit any personal data to the website.


6. Marketing Emails

We will make it as easy as we can for you to opt out of unwanted processing, providing it does not restrict our ability to provide you with the primary service you have requested.

Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by emailing info@researchmasterminds.com or by clicking on the unsubscribe link on the marketing email that was sent to you (every email will contain one at the bottom). It may take 24 hours for this to become effective.


7. Website Analytics & Targeted Marketing

We use website analytics to provide the best user experience and service to you and to evaluate and improve our site. We utilise a third-party data analytics service provider namely Google Analytics to improve our visibility and to monitor website browser behaviour and navigation across our site.


The third-party data analytics service provider collects this information on our behalf in accordance with our instructions and in line with their own privacy policies. Our service provider may collect the following data about the way you use our site, which will almost always be anonymised and aggregated before reporting back to us:

1. Number of visitors to our site

2. Pages visited whilst using the site and time spent per page

3. Page interaction information, such as scrolling, clicks and browsing methods

4. Source location and details about where users go when they leave the site

5. Page response times and any download errors

6. Other technical information relating to end user device, such as IP address or browser plug-in

From time to time we may use the information collected about you to present you with targeted advertisements using platforms such as Facebook, Twitter, Google, LinkedIn, YouTube and/or Instagram.


9. Changes to Our Policy & Future Processing

We do not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on our website at https://researchmasterminds.com/.


10. Policy Details

We continually review our privacy practices and may change our policy and privacy statement from time to time. When we do this an amended privacy statement will be placed on our website at https://researchmasterminds.com/. This privacy notice was published on 16 November 2021 and last updated on 16 November 2021. If you are concerned about how we are collecting, using and/or sharing your personal information, you can contact our Data Protection Officer info@researchmasterminds.com.