TERMS & CONDITIONS
The terms and conditions contained herein constitute the agreement (“Agreement“) between IT Academy, a division of IT SA Computer Services & Solutions (Pty) Ltd (“Licensor“) and the user, being a private individual or a single company, institution or entity, and hereinafter referred to as “you” or “yourself“.
The terms and conditions contained herein, and in particular those terms and conditions which are CAPITALISED, should be carefully considered by you before concluding the Agreement.
- ACCEPTANCE: This is an Agreement between yourself and the Licensor relating to access to those services as referred to in 5 below (“Services“) purchased by yourself. This Agreement comes into full force and effect (the “Effective Date“) after you have accepted the terms and conditions of this Agreement. Only those terms and conditions set forth in this Agreement which relate to the Services specifically purchased by you shall be applicable to yourself.
- SUBSCRIPTIONS: A “Subscription” is the right for a single natural person to access and use the Services. The number of Subscriptions authorized under this Agreement (“Licensed Subscriptions“) is equal to the number of unique Identification Numbers issued to you by Licensor. Each Licensed Subscription (and its associated Identification Number) can be assigned to only one person at a time, and is not transferable from one individual to another. Only persons to whom Licensed Subscriptions (and associated Identification Numbers) are assigned can access and use the Services.
- TERM: The term of a Licensed Subscription in respect of the Services purchased by yourself (“Term“) shall commence on the Effective Date and shall terminate on the applicable expiry date specified by the Licensor for such Licensed Subscription, unless terminated in terms of 12. Once the Term expires, the licence referred to in 5 will automatically terminate and you will no longer have access to the Services.
- TITLE: The Licensor and/or its suppliers are the exclusive owners of the Services. All rights, title and interest in and to the Services, or any copy, modification or merged portion of the Services, shall at all times remain with Licensor and/or its suppliers.
- LICENCE: For each Licensed Subscription, the Licensor grants to you, only for your personal or internal business purposes, a temporary, non-exclusive, non-transferable licence to access those of the following Services that are purchased by you, which are more fully described below:
(a) Licensed Courseware. You are hereby granted the right to access and use the Courses which you have selected at Internet URLs specified by the Licensor from time to time. The Courses and the Business Skills Video Courses are sometimes referred to herein collectively as the “Courses“. Plug-ins and other executable files downloaded to you when you display the Courses may be used following the expiry of the Term, but only for the use of the person to which the Licensed Subscription was assigned as at the expiry of the Term.
(b) Mentoring. You are hereby granted the right to use the Mentoring Services according to the terms and conditions further expressed below.
The Courses are mapped to some of the Microsoft, CompTIA, Cisco, Java, ITIL and VMware international exam objectives which prepare you to write the international exams concerned. The Courses and certification provided by the Licensor is in no way whatsoever SAQA and / or NQF accredited.
- RESTRICTIONS: You may not: (a) sublicense, assign, transfer, distribute or rent the Services to any other person or entity; (b) use, copy or modify the Services, in whole or in part, except in the manner and for the purposes as expressly permitted in this Agreement; (c) permit access to the Services by more persons than the number of Licensed Subscriptions; (d) transfer a Subscription (and associated Identification Number) from one individual to another (except upon the termination of employment by an individual) or permit persons other than the individuals to whom Subscriptions (and Identification Numbers) have been assigned to access the Services; (e) take any action designed to unlock or bypass any restrictions on the number of users or access to the Services; or (f) access any of the Services after the expiry of the Term. There are no implied licences. You agree not to exceed the scope of the licences granted herein.
You acknowledge and accept that (a) from time to time the international exams offered by third parties which are concerned with the same or similar subject matter as the Licensed Courseware could be discontinued without notice by such third parties; and (b) the conclusion of this Agreement by you in no manner constitutes an entitlement on the part of you to write the applicable international exam.
- MENTORING: The following terms and conditions apply to your use of the Mentoring Services:
(a) Mentoring Services consist of certain online support provided to you through the Internet. Online support will be provided through designated dialog window and message boards established for one or more series of Courses. You will be presented a dialog window when accessing a Course through the Internet. Subject to the limitations set forth below, each dialog window generally will be monitored by an online mentor. Each dialog window will allow you to communicate with the online mentor and other end users participating in the designated dialog window. You may submit subject matter questions to the online mentor through the dialog window or post questions directly to the message board. Online mentors will use commercially reasonable good faith efforts to respond to appropriate subject matter questions submitted by you. Questions that cannot be resolved online, or that are submitted through the message board, will be referred to subject matter experts for resolution offline. Answers to questions resolved offline will be posted to the appropriate message board. The Licensor will use its commercially reasonable good faith efforts to post, on the appropriate message board, responses to all questions that cannot be resolved online or that are submitted through a message board. Offline resolution times will generally range from between twenty-four (24) to forty-eight (48) hours from the receipt of the question.
(b) Subject to the limitations provided herein, the Mentoring Services generally will be available from 9:00am to 5:00pm Eastern Time except for scheduled down time, dialog windows will be available to permit communication among end users participating in the dialog windows. Online mentors will not be available during certain times or under the following circumstances: (i) during one or more shifts on recognized public holidays in the United States, the United Kingdom and Singapore; (ii) during the holiday period commencing on December 24 and ending on the first business day in January; (iii) during non-business hours in the United States with respect to certain less popular Courses; (iv) and (iv) with respect to selected older versions of some Courses.
(c) The Licensor reserves the right to establish, from time to time, Rules of Conduct that will govern all postings, inquiries, questions and other material of any kind submitted through a dialog window or posted to a message board by end users. Such Rules of Conduct, if and when established, shall be posted on a designated Licensor website or will otherwise be made available to you and you will be required to acquaint yourself with the rules contained therein.
(d) Mentoring Services are provided by the Licensor through a contract with a third party provider and are provided on a best endeavours basis. Neither the Licensor nor its third party provider shall have any liability whatsoever with respect to the Mentoring Services.
(e) Mentoring Services are available only in the English language and only in conjunction with the purchase of the Courseware.
- EQUIPMENT & APPLICATION REQUIREMENTS: YOU ACKNOWLEDGE AND UNDERSTAND THAT IN ORDER TO ACCESS AND UTILISE THE SERVICES, THE FOLLOWING MINIMUM EQUIPMENT AND/OR APPLICATION AND/OR SYSTEM REQUIREMENTS ARE REQUIRED: P500+ Processor, 256Mb of RAM, Minimum Screen resolution 800 x 600, Windows 7, 8 or 10 or MAC OS X, 256Kbps Minimum Internet connection or higher; recommended.
Internet Explorer 11 or higher or Maxilla FireFox, Sound card with speakers or headphones strongly recommended, Java (http://download.cnet.com/Java-Development-Kit-32-bit/3000-2218_4-12091.html and enable Pop-up blocker (Go to Internet Explorer, click on Tools, Internet Options, Privacy).
- CHARGES AND PAYMENT: You agree to pay all charges for your use of the Services in the currency in which the charges are billed and at the prices displayed to you as at the time of your selection of the Services. All charges are payable in full and are non-refundable under any circumstances and are inclusive of value-added taxes, sales or other taxes, which you hereby agree to pay. Payment of all charges must be made in advance unless otherwise separately agreed in writing by the Licensor. All payments must be made into the bank account designated by the Licensor in writing and must be made either by EFT or bank transfer, debit order or credit card designated by you for the Licensor’s use during the Services registration process. Access charges are payable on the Effective Date. If payment is not received from you or your agent, the Licensor has the right to suspend any of the Services until such time as payment has been brought up to date, however any such time lost as a result of such suspension will not be credited to yourself. You agree to pay all amounts that become due upon demand of the Licensor and the person acceping these terms and conditions on your behalf hereby binds himself as surety and co-principal debtor for the due fulfilment of your payment obligations in respect of the charges together with such interest as may be applicable from time to time in the event of late payment. In the event payment is made by credit card, your card issuer’s agreement governs your use of your designated card and you must refer to that agreement and not this Agreement with respect to your rights and liabilities as a cardholder.
Payments shall be deemed to have been made only when reflected in the bank account designated by the Licensor.
The Licensor shall be entitled to charge interest on all overdue amounts (i.e. amounts not paid on the due date) at a rate of 2,0% per month (“default interest”), or such other maximum rate that may be prescribed from time to time in terms of the National Credit Act 34 of 2005 (“NCA”). Interest shall be calculated from the day upon which an amount becomes overdue until the date of payment thereof in full, both days inclusive, and shall be calculated on a compounded basis on the amount owing at the end of each month; and shall be payable on demand.
To the extent that the NCA may become applicable to this Agreement, the Licensor will credit each payment made by the Customer on the date of receipt of the payment as follows: firstly, to satisfy any unpaid default interest charges (if any), and secondly, to satisfy any due or unpaid charges.
You give the Licensor permission to perform a credit check on you or your company, institution or entity with any credit bureau and hereby consent that the Licensor may transmit any personal information furnished by you to any credit bureau for this purpose.
- WARRANTY: TO THE EXTENT PERMISSIBLE IN LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SERVICES AND THEIR CONTENT ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) FOR THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU, THE USER. TO THE EXTENT PERMISSIBLE IN LAW, THE LICENSOR AND LICENSOR’S DIRECT AND INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE, OR NONINFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
The Licensor does not warrant that the functions contained in the Services will meet your requirements or expectations or that the operation of the Services will be entirely free of errors.
- EXCLUSION OF LIABILITY: TO THE EXTENT PERMISSIBLE IN LAW, IN NO EVENT WILL THE LICENSOR OR THE LICENSOR’S DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING WITHOUT LIMITATION, LOST PROFITS OR BUSINESS, LOST SAVINGS, OR ANY OTHER INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO ACCESS AND USE THE COURSES OR ARISING OUT OF THE USE OF OR RELIANCE ON ANY CONTENT PROVIDED IN THE COURSES, EVEN IF THE LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS OR SERVICES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE LICENSOR’S WEBSITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
- TERMINATION: UPON THE BREACH BY YOU OF ANY OF THE PROVISIONS OF THIS AGREEMENT, YOUR RIGHT TO ACCESS THE SERVICES SHALL AUTOMATICALLY TERMINATE.
- EXPORT LIMITATIONS: None of the Services or underlying information or technology may be displayed, downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S.A. has embargoed the export of goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By agreeing to the terms of this Agreement, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- CONFIDENTIALITY: All personal information (as defined in the Protection of Personal Information Act 4 of 2013 (“POPI”)) acquired by the Licensor shall only be used for the purposes of this Agreement and in accordance with POPI. Such personal information which is acquired by the Licensor shall not be further processed or disclosed, other than as provided for in this Agreement, without your written consent.
- DECLARATIONS: You warrant that all information supplied by you to the Licensor prior to the conclusion of the Agreement is true and correct and that you are not aware of any material facts or circumstances not disclosed to the Licensor which, if disclosed, may adversely affect the decision of the Licensor to enter into this Agreement.
You warrant and declare that –
• You are not subject to an administration order, sequestration or liquidation proceedings or business rescue proceedings as contemplated in the Companies Act 71 of 2008;
• You are not under debt counselling or subject to debt review;
• You will timeously pay all amounts due in respect of the Services;
• You shall inform the Licensor in writing of any change in the information provided by you, within 21 days of such change being effective.
• You have been given an adequate opportunity to read and understand the terms and conditions of this Agreement and are aware of all the provisions thereof, particularly those which are capitalised.
• You understand and accept your risks and costs as well as your rights and obligations under this Agreement and in respect of the Services which you purchase;
• You have the necessary legal capacity and full power and authorisation to enter into this Agreement and to effect and carry out your obligations in terms of this Agreement and, if applicable, that all necessary corporate and/or other actions were taken to authorise the conclusion and implementation of this Agreement;
• The Licensor did not make an offer to you which would automatically have resulted in an agreement being concluded if you had not declined the offer; and
• The Licensor has not induced, harassed or forced you to enter into this Agreement.
- GENERAL: If any provision of this Agreement is held to be unenforceable such provision shall be deemed to be severed from this Agreement, and the enforceability of the remaining provisions shall in no way be affected or impaired thereby and shall continue to be of full force and effect. This Agreement shall be governed in all respects by the local laws of the Republic of South Africa.
If the Licensor fails to insist that you perform any of your obligations under the Agreement, or if the Licensor delays or does not enforce its rights against you, this does not mean that the Licensor has waived its rights against you and does not mean that you do not have to perform your obligations, and the Licensor shall at all times be entitled to require you to perform any of your obligations under the Agreement