Terms and Conditions

These Terms of Use (“Terms and Conditions”) were last updated on 01 September, 2020

The mission of Total Barista is to improve lives through learning. Terms and Conditions are required to keep our platform and services safe for you, us and content providers. These Terms apply to all your activities on the Total Barista website.
Total Barista is a business in the E-Learning industry that provides online barista training .

We provide details regarding the processing of personal data of our students and instructors in our Privacy Policy.

By agreeing to these Terms, you agree to resolve disputes with Total Barista through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

Table of Contents

• Accounts
• Course Enrolment and Lifetime Access
• Payments, Credits, and Refunds
• Cancellation Policy
• Content and Behaviour Rules
• Payment options accepted
• Card acquiring and security
• Customer details separate from card details
• Merchant Outlet country and transaction currency
• Responsibility
• Country of domicile
• Variation
• Total Barista’s Rights to Content You Post
• Using Total Barista at Your Own Risk
• Total Barista’s Rights
• Miscellaneous Legal Terms
• Dispute Resolution
• Updating These Terms
• Company Information

1. Accounts

You need an account for activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use Total Barista.

When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credentials with someone else, you are responsible for what happens with your account and Total Barista will not intervene in disputes between students who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

To create an account on Total Barista and use the services students need to be the appropriate age to use online services in their specific country.  If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enrol in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.

You can terminate your account at any time by following the steps here. Check our Privacy Policy to see what happens when you terminate your account.

2. Course Enrolment and Lifetime Access

When you enrol in a course, you receive license from us to view it via the Total Barista Platform and no other use. Do not try to transfer or resell courses in any way. We grant you lifetime access license, except when we must disable the course because of legal or policy reasons.

As a student, when you enrol in the Total Barista course, you are licensed to view the course via the Total Barista platform, and Total Barista is the licensor of record. The Total Barista course on the Total Barista Platform are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

In legal terms, Total Barista grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Platform, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Total Barista authorised representative. This also applies to content you can access via any of our APIs.

We generally give a lifetime access license to our students when they enrol in a course. However, we reserve the right to revoke any license to access and use course at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we deem a content provider has violated our platform policies. The lifetime access is not applicable to add-on features and services associated with a course, such as translations or assistance from content providers relating to the course. The lifetime access is to the course content but not to the content provider.

3. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. If for reasons relating to Total Barista Platform technical issues you are not able to access the course you purchased, Total Barista will offer a refund or credit within 30 days of the course purchase. We do not offer refunds or credit for courses for any other reason other than the above mentioned reason.

3.1 Pricing

We may run promotions and sales for our course where it is available at discounted prices for a set period of time. The price applicable to the course will be the price at the time you complete your purchase of the course (at checkout). If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment for those fees. Total Barista works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website. Credits have no cash value and may expire if not used within the specified period,.

3.3 Refunds and Credits

If for reasons relating to Total Barista Platform technical issues you are not able to access the course you purchased, Total Barista will offer a refund or credit within 30 days of the course purchase. We do not offer refunds or credits for courses for any other reason other than the above mentioned reason.

We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course (website and mobile app). No credit or refund is due to you if you request it after the 30-day guarantee time limit has passed.

To request a credit/refund, follow the steps here. As detailed in the Content Provider Agreement, content providers agree that students have the right to receive these credits or refunds.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of our services. If we ban your account or disable your access to a course due to your violation of these Terms or our Trust & Safety Guidelines, you will not be eligible to receive any credit or refund.

4. Cancellation Policy

Account Cancellation:
You may cancel your subscription to Total Barista and close your account at any time. The courses you have purchased have lifetime access, however in the event that you cancel your subscription or account you will no longer have access to the courses in your account.

In order to cancel your subscription and close your account please email our support team at the following email address with your cancellation request:

support@101learn.online

Our Support team will confirm your request for cancellation and then action the cancellation with a confirmation that the account has been closed.

5. Customer Privacy policy

Total Barista shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

5. Content and Behaviour Rules

You can only use the Total Barista for lawful purposes. All reviews, questions and posts that you make on the Total Barista Platform must be in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for offenses. If you think someone is infringing your copyright on our platform, inform us.

You may not access or use the services or create an account for unlawful purposes. Your use of the services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. Total Barista reserves the right to deny access to any user at our discretion. These include and are not limited to any International Terrorist, Criminal, Denied Person or Denied Entity lists.

If you are a student, the Platform enables you to ask the instructor questions for the courses you are enrolled in, and to post course reviews.

6. Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Total Barista bank account, the

details of which will be provided on request.

7. Card acquiring and security

Card transactions will be acquired for Total Barista via PayGate (Pty) Ltd who are the approved payment gateway for all South African

Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the

website. Users may go to www.paygate.co.za to view their security certificate and security policy.

8. Customer details separate from card details

Customer details will be stored by Total Barista separately from card details which are entered by the client on DPO PayGate’s secure site.

For more detail on DPO PayGate refer to www.paygate.co.za.

9. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is

South African Rand (ZAR).

10. Responsibility

Total Barista takes responsibility for all aspects relating to the transaction including sale of courses on this website,

customer service and support and dispute resolution.

11. Country of domicile

This website is governed by the laws of South Africa and (Your Company) chooses as its domicilium citandi et executandi for all purposes under

this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

12. Variation

Total Barista may, in its sole discretion, change this agreement or any part thereof at any time without notice.

13. Total Barista’s Rights to Content You Post

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Total Barista to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Total Barista for the syndication, broadcast, distribution, or publication of content on other media. You also agree to all such uses of your content with no compensation paid to you.

14. Using Total Barista at Your Own Risk

Like other platforms where people can post content and interact, some things can go wrong, and you use the Total Barista at your own risk.

While every effort is made to ensure accuracy, truthfulness and validity of our courses, we do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the course. In many instances the Content Providers material is based on the opinion and experience of the Content Provider/s and as such may vary from other schools of thought. If you enrol for a course, you rely on any information provided by a Content Provider at your own risk.

By using the Platform, you may be exposed to content that you consider offensive, indecent, or objectionable. Total Barista has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. You assume full responsibility for the choices you make before, during and after your enrolment in a course.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Platform, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

15. Total Barista’s Rights

We own the Total Barista Platform and Services, including the website, present or future, Apps and Services, Logos, API, Code and Content created by our employees. You may in no way tamper with those or use them without authorisation.

All right, title, and interest in and to the Total Barista Platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Total Barista and its licensors. Our Platform and Services are protected by copyright, trademark, and other International laws. Nothing gives you a right to use the Total Barista name or any of the Total Barista trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Total Barista or the Platform is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Total Barista Platform and Services:

• access, tamper with, or use non-public areas of the platform, Total Barista’s computer systems, or the technical delivery systems of Total Barista’s service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Total Barista Platform.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Platform.in any way use the Platform to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Total Barista); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Platform.

16. Miscellaneous Legal Terms

These Terms of Use are a binding contract, they clarify the important legal terms and the legal relationship between Total Barista and you.

16.1 Binding Agreement

You agree that by registering, accessing or using our Platform, you are agreeing to enter into a legally binding contract with Total Barista. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

Any version of these Term in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrolment and Lifetime Access), 5 (Total Barista’s Rights to Content You Post), 6 (Using Total Barista at Your Own Risk), 7 (Total Barista’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

16.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our Content Providers is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases. In legal terms the services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Platform at any time and for any reason. Under no circumstances will Total Barista or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

16.3 Limitation of Liability

There are risks inherent to using our Services. You fully accept these risks and you agree that you will have no recourse to seek damages against Total Barista even if you suffer loss or damage from using our Platform and Services. In legal terms, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

16.4 Indemnification

If you behave in any such way that causes us reputational damage or violates any of our policy, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Total Barista, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

16.5 Governing Law and Jurisdiction

These Terms are governed by the laws of South Africa without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of Cape Town, South Africa.

16.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to support@101learn.online).

16.7 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

17. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in South Africa, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in South Africa. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team.

17.1 Small Claims

Either of us can bring a claim in small claims court in (a) South Africa (b) the county where you live, or (c) another place we both agree on, as long as it qualifies to be brought in that court.

17.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and Total Barista agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

17.3 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

17.4 Changes

Notwithstanding the “Updating these Terms” section below, if Total Barista changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing Total Barista written notice of such rejection by email from the email address associated with your Account to: support@101learn.online, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Total Barista in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

18. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Total Barista reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

19. Company Information

Our Support Team is available to handle all queries that you might have. You can request support via email to support@101learn.online. We value your questions, concerns, and feedback about our services.

For sake of transparency, our physical address is: