Terms of Use
Last updated: April 12, 2025
These Terms of Use govern your access to and use of the Benchorchardwood platform, including all services, features, content, and tools made available through benchorchardwood.beer. By accessing or using the platform, you agree to be bound by these terms. If you do not agree, you must not use the platform.
1. Acceptance of Terms
By registering an account, accessing any part of the platform, or using any service offered by Benchorchardwood, you confirm that you have read, understood, and agree to these Terms of Use, along with any additional policies referenced herein. These terms form a binding agreement between you and Benchorchardwood.
If you are using the platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these terms, and references to "you" include that organisation.
2. Eligibility
You must be at least 18 years of age to create an account and use the platform independently. Users between the ages of 13 and 17 may access the platform only with verified parental or guardian consent. By using the platform, you represent that you meet these eligibility requirements.
Benchorchardwood reserves the right to refuse access to any person who does not meet these requirements or who has previously been suspended or removed from the platform.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep that information updated at all times.
3.2 Account Responsibility
You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Benchorchardwood immediately at help@benchorchardwood.beer if you suspect any unauthorised access to or use of your account.
3.3 One Account Per User
Each user may maintain only one active account. Creating duplicate or fraudulent accounts is prohibited and may result in termination of all associated accounts without notice.
4. Use of the Platform
4.1 Permitted Use
You may use the platform solely for lawful purposes and in accordance with these terms. The platform is intended to support participation in webinars, online learning sessions, and related educational activities focused on graphic design fundamentals.
4.2 Prohibited Conduct
You agree not to engage in any of the following:
- Using the platform for any unlawful, harmful, or fraudulent purpose
- Uploading, transmitting, or sharing content that is defamatory, obscene, abusive, or infringes on any third-party rights
- Attempting to gain unauthorised access to any part of the platform or its underlying systems
- Interfering with or disrupting the integrity or performance of the platform
- Reverse engineering, decompiling, or disassembling any part of the platform
- Scraping, harvesting, or collecting data from the platform without express written permission
- Reselling, sublicensing, or commercially exploiting access to the platform without authorisation
- Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
- Recording, reproducing, or redistributing live or recorded webinar content without prior written consent
5. Content and Intellectual Property
5.1 Platform Content
All content available on the platform, including but not limited to course materials, webinar recordings, graphics, text, logos, and software, is the property of Benchorchardwood or its licensors and is protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use such content for personal, non-commercial educational purposes only.
5.2 User-Submitted Content
If you submit, upload, or share any content through the platform, including comments, questions, or files, you grant Benchorchardwood a non-exclusive, royalty-free, worldwide licence to use, display, and distribute that content in connection with operating and improving the platform. You represent that you own or have the necessary rights to submit such content.
5.3 Feedback
Any feedback, suggestions, or ideas you provide regarding the platform may be used by Benchorchardwood without restriction or compensation to you.
6. Webinar and Live Session Rules
When participating in live webinars or interactive sessions, you agree to:
- Engage respectfully with hosts, instructors, and other participants
- Refrain from sharing offensive, irrelevant, or disruptive content in chat or interactive tools
- Not record, screenshot, or reproduce session content without explicit permission
- Follow any additional rules or guidelines communicated by the session host
Benchorchardwood reserves the right to remove any participant from a session who violates these rules, without refund or further notice.
7. Payments and Subscriptions
7.1 Fees
Certain features or content on the platform may require payment. All applicable fees will be clearly communicated before purchase. By completing a transaction, you authorise Benchorchardwood to charge the specified amount using your selected payment method.
7.2 Refunds
Refund eligibility is determined by the specific terms presented at the time of purchase. Unless otherwise stated, fees paid are non-refundable once access to the relevant content or session has been granted.
7.3 Subscription Cancellation
If you subscribe to a recurring plan, you may cancel at any time through your account settings. Cancellation will take effect at the end of the current billing period. You will retain access to paid features until that date.
8. Privacy
Your use of the platform is also governed by Benchorchardwood's Privacy Policy, which is incorporated into these terms by reference. By using the platform, you consent to the collection and use of your information as described in that policy. You may contact help@benchorchardwood.beer with any privacy-related enquiries.
9. Third-Party Services and Links
The platform may contain links to or integrations with third-party websites, tools, or services. Benchorchardwood does not endorse and is not responsible for the content, practices, or availability of any third-party services. Your use of such services is governed by their own terms and policies.
10. Disclaimers
The platform and all content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. Benchorchardwood does not warrant that the platform will be uninterrupted, error-free, or free of harmful components. Educational content is provided for informational purposes and does not constitute professional advice.
11. Limitation of Liability
To the fullest extent permitted by applicable law, Benchorchardwood and its affiliates, officers, employees, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the platform, even if advised of the possibility of such damages.
In no event shall Benchorchardwood's total liability to you for all claims arising from your use of the platform exceed the amount you paid to Benchorchardwood in the twelve months preceding the event giving rise to the claim, or the equivalent of one month's standard subscription fee if no payment was made.
12. Indemnification
You agree to indemnify, defend, and hold harmless Benchorchardwood and its affiliates, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the platform, your violation of these terms, or your infringement of any third-party rights.
13. Termination
Benchorchardwood may suspend or terminate your access to the platform at any time, with or without notice, if you breach these terms or engage in conduct that Benchorchardwood determines to be harmful to other users, the platform, or third parties. You may also terminate your account at any time by contacting help@benchorchardwood.beer.
Upon termination, your right to access the platform ceases immediately. Provisions of these terms that by their nature should survive termination will continue to apply.
14. Modifications to the Terms
Benchorchardwood reserves the right to update or modify these Terms of Use at any time. When changes are made, the updated date at the top of this page will be revised. Continued use of the platform after changes are posted constitutes your acceptance of the revised terms. If you do not agree to the updated terms, you must discontinue use of the platform.
15. Modifications to the Platform
Benchorchardwood reserves the right to modify, suspend, or discontinue any part of the platform at any time without prior notice. Benchorchardwood shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
16. Governing Principles
These terms are intended to be interpreted in a manner consistent with fair dealing, good faith, and the reasonable expectations of parties engaged in digital educational services. Any disputes arising from these terms will be resolved through good-faith negotiation in the first instance.
17. Severability
If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
18. Entire Agreement
These Terms of Use, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Benchorchardwood with respect to your use of the platform and supersede all prior agreements, representations, or understandings.
19. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Use, please contact us:
Benchorchardwood
6 Park Rd, Gardens, Cape Town, 8001, South Africa
Email: help@benchorchardwood.beer
Phone: +27 11 744 2009
Website: benchorchardwood.beer