Terms of Using Our WebSite
- 1.1 Your use of this website, its services and programmes will be governed by these terms and conditions. These terms and conditions constitute an agreement between yourself and ASA.
- 1.2) ASA may amend these terms and conditions from time to time. By accessing the website you are bound to the terms and conditions published on the website at the time of any visit to and/or usage of the site.
2.) CORRECTNESS OF SUPPLIED INFORMATION
- 2.1) Because we deal with each other in a non-face-to-face environment, you hereby permit ASA and its online partners to rely on the fact that:
- 2.1.1) all your given details are true and correct;
- 2.1.2) you are legally capable of concluding any transaction on this site;
- 2.1.3) you have read, understood and accepted these terms and conditions
- 2.2) ASA must be entitled to rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify us of any irregularities, to act on any instruction purporting to originate from you.
3.) NATURE OF INFORMATION ON THE SITE
- All material on the website merely constitutes an invitation to do business unless otherwise expressly stated and is not an offer to enter into any transaction.
4.) TERMINATING REGISTRATION OR USE OF THE WEBSITE OR SERVICES
- ASA may also in its sole discretion and at any time discontinue providing the site or the programmes and other services or any part thereof, with or without notice.
5.) LINKED THIRD-PARTY WEBSITE AND THIRD-PARTY CONTENT
- 5.1) ASA, its contractors, agents, owners and employees are not responsible for the contract or privacy policies of any websites to which it may link.
- 5.2) ASA shall not be liable in any manner whatsoever for any loss or damage that you may suffer as a result of the use of any linked access from this website.
- Access to the services, content, software and content downloads available from the ASA website is classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore users have the rights detailed in Chapter 7 of the ECT Act and ASA has the duty to disclose the following information:-
- 6.1) The full name and legal status of the website owner:- Academic Success Achievers (Pty.) Ltd, (Reg: 2017/206810/07)
- 6.2) Street address:- 136 Gerhard road, Die Hoewes, Centurion, 0157;
- 6.4) Postal address:- 136 Gerhard road, Die Hoewes, Centurion, 0157;
- 6.5) Physical address for receipt of legal service:- 136 Gerhard road, Die Hoewes, Centurion, 0157;
- 6.6) Main business: Selling, conducting and managing private tutoring services, for the purposes of improving academic results and general academic competence of tutees;
- 6.7) The ASA website is www.academicsuccess.co.za;
- 6.8) The official email address of the ASA website is email@example.com;
- 6.9) Membership of self-regulatory or accreditation bodies: ;
- 6.10) Codes of conduct to which the ASA website subscribes: Code of Conduct and Code of IT Ethics;
- 6.11) Governing terms: ;
- 6.12) Copies of the manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000: Download
- 6.13) Management: Directors: NKD Ngoasheng & S Bhanjee;
- 6.14) The costs associated with the access and use of the ASA website are as follows: Free
- 6.15) Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- 6.15.1) access to the ASA website;
- 6.15.2) the inability to access the ASA website;
- 6.15.3) the services and content available from the ASA website; or
- 6.15.4) these terms and conditions;
- shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
- 6.16) Cooling off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling off provisions of the ECT Act do not apply to this website; and
- 6.17) Users may lodge complaints concerning the ASA website through the “Contact Us” service provided on the website: www.academicsuccess.co.za. Users hereby assign the copyright in such complaints to ASA and understand that ASA may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
- 7.1) All the information appearing on these pages is provided without any representation or warranty whatsoever, whether expressed or implied and no liability pertaining thereto will attach to ASA.
- 7.2) ASA accepts no liability whatsoever for any loss whether direct, indirect or consequential arising from information provided on these pages or any actions and/or transactions resulting therefrom.
- 7.3) ASA does not warrant that the functions provided with this website will be uninterrupted or error free or that the website or the server that makes it available is free from viruses or other harmful components.
- 7.4) The ASA website is supplied on an “as is” basis and has not been compiled to meet the user’s individual requirements. It is the responsibility of the user to satisfy himself or herself, prior to entering into this agreement with ASA that the content available from and though the ASA website meet the user’s individual requirements and is compatible with the user’s computer hardware and/or software.
- 7.5) Information, ideas and opinions expressed on the ASA website should not be regarded as professional advice or the official opinion of ASA and users are encouraged to see professional advice before taking any course of action related to the information, ideas or opinions expressed on the ASA website.
- 7.6) ASA does not make any warranties or representation that content and services available from the ASA website will in all cases be true, correct or free from any errors. ASA shall take all reasonable steps to ensure the quality and accuracy of content available from the ASA website and encourage users to report incorrect and untrue information subject to the right of ASA to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website.
8.) GOVERNING LAW
- The terms and conditions pertaining to any services appearing on these pages or sites shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
- 9.1) ASA shall take all reasonable steps to protect the personal information of users and 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).
- 9.2) ASA may electronically collect, store and use, amongst other, the following information of users:
- 9.2.1) name and surname;
- 9.2.2) contact details; and
- 9.2.3) email address.
- 9.3) ASA collects, stores and uses the abovementioned information for the following purposes:
- 9.3.1) communicate requested information to the user;
- 9.3.2) registration and/or authentication of users; and
- 9.3.3) to compile non-personal statistical information about browsing habits and access to the ASA website.
- 9.4) Information detailed above is collected either electronically by using cookies or is provided voluntarily by the user.
- 9.5) ASA may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- 9.5.1) ASA shall not disclose personal information from users unless the user consents thereto;
- 9.5.2) ASA shall disclose information without the user’s consent only through due legal process; and
- 9.5.3) ASA may compile, use and share any information that does not relate to any specific individual.
- 9.6) ASA owns and retains all rights to non-personal statistical information collected and compiled by ASA.
- 9.7) When you complete a form on our website in order to query some aspect of our services, we gather this information to allow us to process your request and provide you with the information requested by you. ASA or our tutors and sub-contractors may contact you by post, email or telephone to ask you for your feedback and comments on our services. We may also wish to provide you with information about special features of our website or any other service or products, which we think, may be of interest to you. If you would rather not receive this information, please send an email message to firstname.lastname@example.org confirming your request.
- 10.1) ASA retains all copyright in all material including logos and other graphics that form part of this website and in and to its programmes. Any use of materials on this website not expressly authorized is strictly prohibited and constitutes unlawful infringement of the intellectual property rights of ASA.
- 10.2) ASA will not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage resulting therefrom.
- ASA may in its sole discretion terminate your access to this website, cancel your ticket order or exercise any other remedy available if it believes that your conduct is in breach with or inconsistent with these terms and conditions.
Conditions of using our website
1.This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.
2.A wide range of intellectual property rights are used in and relating to this website, including:
- our the trade marks and logos;
- the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
- all the software used in relation to this website.
3.We are the owner or the authorised licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.
About these conditions
4.If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.
5.We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.
Using this website
7.You cannot use this website:
- for any unlawful purpose;
- to send spam;
- to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
- to tamper with, update or change any part of the website;
- in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
- using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
If you provide content for this website
8.If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”). You agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.
9.You own your User Content at all times, and you continue to have the right to use it in any way you choose.
10.By providing any User Content to the Website you confirm that your User Content:
- is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
- will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
- does not take away or affect any other person’s privacy rights, contract rights or any other rights;
- does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
- will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
- will not contain any form of mass-mailing or spam.
11.If you do not want to grant us the permissions set out above, please do not provide any material to the Website
12.We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.
13.We do not edit, pre-vet or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
14.You use the website at your own risk.
15.You should not rely on the website for advice.
16.As far as the relevant laws allow, we do not guarantee that:
- there will be no problems with how you use the website; or
- the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
17.There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
18.Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable for any loss of:
- business or business opportunities;
- savings you expect to make;
- use of, or corruption to information; or
19.If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:
- using or relying on the website;
- not being able to use the website;
- any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
- theft, destruction of information or someone getting access to our records, programs or services without our permission;
- goods, products, services or information received through or advertised on any website which we link to from this website; or
- any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
The whole agreement
20.These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.