Website Terms and Conditions

These TERMS AND CONDITIONS, along with the privacy policy, cookie policy, and newsletter policy (referred to collectively hereinafter as "the terms") govern your access to, and use of, michaellockyear.com, lockyearlabs.com, michaellockyear.co.za, lockyear.org and all sub-domains of these sites (referred to hereinafter as "the website", "the site", "this website" or "this site").

Other websites operated by the website owner and paid services (for example, consulting services) will be subject to their own contractual terms.

IF ANY OF THE TERMS, CONDITIONS AND POLICIES OF THIS WEBSITE ARE NOT PERMITTED IN YOUR JURISDICTION, YOU MAY NOT USE THIS WEBSITE.

1. Warranties

You use this website at your own discretion and risk. The website owner disclaims all warranties of any kind, express or implied. This website is made available to you on the understanding that none of the content provided constitutes the rendering of professional services. The website owner specifically disclaims any responsibility for any liability, loss, or risk, personal or otherwise, which is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this website. If such a disclaimer is not permitted in your jurisdiction, you may not use this website.

2. Indemnity

You agree to indemnify and hold harmless the owners of this website, its contractors, operators and licensors, and their respective directors, officers, employees and agents from, and against, any and all claims and expenses, including legal fees, arising out of your use of this website, including but not limited to your violation of this agreement. If such a restriction is not permitted in your jurisdiction, you may not use this website.

3. Privacy, personal information, confidentiality and information-sharing

Refer Privacy policy.

4. Disclosure of advertising, sponsorships, referral fees, affiliate links and similar commercial relationships

This website may accept advertising, sponsorship, paid insertions or other forms of compensation.

Where such relationships do exist, they will be clearly indicated through the use of the following words: "ad", "sponsored", or "affiliate link".

Any payment received, or promised, will not influence the opinion of content, topics or posts made on this site.

5. Governing law and jurisdiction

You expressly understand and agree that these terms shall be governed by the laws of the Republic of South Africa, subject to the terms of this agreement.

We each agree to submit to the jurisdiction of the Magistrates' Court located in East London, Eastern Cape, South Africa or the Eastern Cape Division of the South African High Court located in Grahamstown, for any actions falling outside of the jurisdiction of the Magistrates' Court.

You expressly grant the website owner the right to change the court of jurisdiction, including country, at his sole discretion.

You waive the right to participate in a class action arising from or in connection with the terms of this agreement, or the use of this site.

If a court should find that one or more rights or provisions set forth in the terms of this agreement are invalid, you agree that the remainder of the terms shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

Should you violate the terms of this agreement or any other rights of the website owner, the website owner reserves the right to pursue any and all legal remedies against you. If the website owner should fail to enforce any right or provision in these terms, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms.

6. Changes

This website's terms and conditions may change from time to time. You are encouraged to frequently check this page for any changes.

7. Acceptance of terms and conditions

Your use of this website constitutes full and binding acceptance of the terms, conditions and policies of this website. If any part of this agreement is not permitted in your jurisdiction, you may not use this website.

In addition to any other form of delivery, legal notices must be emailed to: [email protected], and posted to the website owner's postal address via registered mail:

Michael Lockyear
PO Box 15759
Beacon Bay
East London
5205
South Africa

Privacy policy

This Policy should be read in conjunction with the Terms and Conditions, into which it is incorporated by reference.

If you disagree with any aspect of this policy, or if any part of this policy is not permitted in your jurisdiction, you may not use this website.

This website does not collect personal information, unless you, or your device, provide such information. For example:

  • Submission of contact form;
  • Subscribing to newsletter;
  • Emailing the owner of the website;
  • Connecting to the web server, and sharing the Internet Protocol address of the connecting device; and
  • Configuring your device so that it shares cookies and http headers with the web server and / or third-party service providers.
Information obtained by this website is used for a number purpose, including, inter alia:
  • Communication, including marketing (email addresses);
  • Technical operation of the website (Internet Protocol and email addresses);
  • Abuse and spam prevention (Internet Protocol and email addresses); and
  • Improvement of the website (analytics and cookies); and
  • Advertising (analytics and cookies).

Non-personal information

Aggregated demographic information about this website's audience may be shared with third-party advertising partners, including browser information and traffic statistics.

Children and minors

Minors (persons under the age of majority as defined in your jurisdiction) are not permitted to submit any personal data on this website.

Cooperation with law enforcement authorities and other government agencies

This website is hosted in the Unites States of America, and operated from the Republic of South Africa. The website owner will cooperate with law enforcement authorities, and other government agencies, from these jurisdictions if legally required to do so.

Cooperation with law enforcement authorities, and other government agencies, by the website owner, where such cooperation is not legally required, is at the sole discretion of the website owner.

Service providers of this website will cooperate with law enforcement authorities and other government agencies when they are required to do so and when they deem necessary, in accordance with the law and their own terms of use.

Cookies

Refer Cookie policy.

Logging

The Internet Protocol address of devices connecting to this site, and related systems, may be logged. This data may be used to prevent abuse, resolve system errors, data analysis and site administration.

Mailing list

Refer Mailing List policy.

Third-party service providers

This website may use a number of third-party service providers, ranging from embedded content providers to network and hosting providers. By using this site, you accept that any data you share with this website may be processed by such third-parties and that your privacy may be affected by their privacy policies, actions and / or omissions. Third-party service providers include, inter alia:

  • Google, including Youtube;
  • Oath, including Yahoo, Tumblr and Flickr;
  • Cloudflare;
  • GitHub;
  • Podium Seminars;
  • Nearlyfreespeech.net; and
  • Twitter.
You understand and expressly agree that the website owner is not liable for the actions of third parties, including third-party service providers.

The Michael Lockyear blog (blog.michaellockyear.com) is operated on the Tumblr platform. Your access to, or usage of the blog, is subject to Tumblr's terms, conditions and policies, including Tumblr's privacy policy.

External Links

This website may contain links to other websites. The website owner is not responsible for the privacy practices or content of such websites.

European Union's General Data Protection Regulations

This website does not fall under the legal jurisdiction of the European Union, however as a courtesy to users using devices, and other tools, with an Internet Protocol (IP) address identified as being located in a European Union state or other European Economic Area state, the following precautions are taken:

  • A "popup" message is displayed informing the visitor that use of the website is subject to the site's terms, conditions and policies; and
  • Certain website functionality is disabled, notably any forms using Google's reCAPTCHA.

Cookie policy

This Policy should be read in conjunction with the Terms and Conditions, into which it is incorporated by reference.

If you disagree with any aspect of this policy, or if any part of this policy is not permitted in your jurisdiction, you may not use this website.

A cookie is a small text file that may be saved by a web browser, either as a result of visiting a web server or by running a script in the web browser. The data stored in the cookie may be used by this website, and / or third-party service providers, to improve service, perform analytics, personalize content and advertising, measure advertising performance and remember visitor website preferences.

You can disable cookies, or remove the cookies stored on your device, by following the directions provided by your web browser's "help" file, or similar resource. The All About Cookies website provides detailed instructions on how to do this for most web browsers.

Cookie management extensions are available for popular web browsers:
Google Chrome
Mozilla Firefox

Disabling cookies may render certain functions of this website inoperable.

Cookies set directly by this website

This website sets the following cookies:

  • terms_accepted: This cookie contains a date-stamp, indicating when the "OK - got it!" button on the "Terms and Conditions pop-up" notification was clicked. The cookie is valid for 365 days. The "Terms and Conditions pop-up" notification is only displayed if the device connecting to the site has an Internet Protocol address believed to be in country requiring such notification.
  • no_popup: This cookie is valid for 1 day (or the length of the browsing session), and indicates that the device connecting to the site has an Internet Protocol address in a country not believed to require a "Terms and Conditions pop-up" notification.
  • cc / country: This cookie contains the country code associated with the Internet Protocol address of the device connecting to the site. The cookie is valid for up to 365 days.

Service provider cookies

Service provider cookies, sometimes referred to as third-party cookies, are set by this website's service providers. These include the following:

- Cloudflare cookie

This website uses Cloudflare as it's domain name service and content delivery network provider. The Cloudflare __cfduid cookie is used to identify individual clients behind a shared internet protocol address and apply security settings on a per-client basis, and does not store any personally identifiable information. You can learn more about the Cloudflare "__cfduid" cookie at the Cloudflare support website.

- Google Ads

This website may use advertising services offered by Google to either serve advertising or promote this website. Third-party vendors, including Google, may use cookies to serve ads based on your prior visits to this website or other websites. Google's use of advertising cookies enables it and its partners to serve ads based on your visit to this sites and/or other sites on the Internet.

You may opt out of personalized advertising by visiting Ads Settings. Alternatively, you can opt out of the use of third-party cookies for personalized advertising by visiting www.aboutads.info.

- Google reCAPTCHA

This website may use a service called "Google reCAPTCHA" (hereinafter, “reCAPTCHA”). reCAPTCHA is used to determine whether the data submitted on this website (such as via a contact form) has been entered by a human or by a “bot”. This is necessary to prevent abuse and spam. reCAPTCHA analyzes the behavior of the website visitor based on various characteristics (for example: Internet Protocol address of the device connecting to this website, duration of website visit, mouse movements made by the user, etc).

- Google Analytics

This website may use a service called “Google Analytics” to collect information about your use of this website. Google Analytics collects information such as how often users visit this site, what pages they visit when they do so, and what other sites they used prior to coming to this site. We use the information we get from Google Analytics to improve this site. Google Analytics collects the Internet Protocol address of the device connecting to this site. This website does not combine the information collected through the use of Google Analytics with the personally identifiable information we have previously collected. Google Analytics plants a permanent cookie in your web browser to identify your device as a unique visitor the next time your device visits this site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing your device on return visits to this site by disabling cookies in your browser settings, or browsing in "incognito" or "private" mode. Google also provides a browser extension which can be used to opt-out of Google Analytics.

The follow cookies are used by Google Analytics:

  • _ga: This cookie is used to distinguish users and is valid for 2 years.
  • _gid: This cookie is used to distinguish users and is valid for 24 hours.
  • _gat: This cookie is used to throttle the request rate and is valid for 1 minute.
You can find out more about the cookies used by Google on their website

- Michael Lockyear blog

The Michael Lockyear blog (blog.michaellockyear.com) is operated on the Tumblr platform. Your access to, or usage of the blog, is subject to Tumblr's terms, conditions and policies, including privacy policy. You agree to the use of cookies by Tumblr and / or it's service providers or associated companies.

Mailing List Policy

This Policy should be read in conjunction with the Terms and Conditions, into which it is incorporated by reference.

If you disagree with any aspect of this policy, or if any part of this policy is not permitted in your jurisdiction, you may not use this website.

We use ElasticEmail.com(affiliate link), as our marketing automation service. By subscribing to a mailing list offered by this website, you agree that the information you provide will be transferred to Elastic Email for processing in accordance with their Terms of Use and Privacy Policy.

Our service provider uses tracking technologies to determine whether or not an email recipient has opened the sent email, and identify which links have been clicked. This is done to measure the performance of the sent email, and to identify disinterested email recipients, who are subsequently deleted from the mailing list. This data is logged for up to 365 days.

All automated marketing emails, including the newsletter, are sent from the "podiumseminars.net" domain. The necessary SPF, DKIM and DMARC settings have been configured to reduce the risk of spoofing. All emails sent from this domain include an "unsubscribe" link which can be used to unsubscribe from the mailing list.

If you respond, via email, to an email sent from "podiumseminars.net", your email, containing personal information (your email address and Internet Protocol address), will be processed by the following service providers, MailGun, Google, and / or Zoho, in accordance with their terms and policies.

Last update:

16 August 2018 - Cookie and Mailing List policies added. Privacy policy extended. Governing law clarified.