Terms & Conditions Of Website Use - Diversit-e Smart Trade College

Terms & Conditions Of Website Use

 

1.         INTRODUCTION 

1.1      These are the terms and conditions (the “Terms and Conditions”) of use relating to the online services provided by Diversit-e Smart Trade College (Pty) Ltd (Registration Number:2016/305525/07)  (“Diversit-e Smart Trade College”) through the website located at the following URL https://lms.smarttradecollege.co.za (“the Website”). 

1.2      These Terms and Conditions govern your (the “User”) use of the Website, products and services associated therewith. By accessing and using the Website the User agrees to be bound by the Terms and Conditions set out in this document. 

1.3      The User may not access, display, use, download, and/or otherwise copy and/or distribute content obtained on the Website or the products and services associated therewith for any purposes other than as provided for in these Terms and Conditions without the prior written consent of Diversit-e Smart Trade College. 

1.4      In terms of section 49 of the Consumer Protection Act, 2008 your attention is drawn to clauses 1,2, 3, 5, 6, 7, 8, 10, 11, 12 and 14 which may: 

    limit in any way the risk or liability of Diversit-e Smart Trade College or any other person; 

        constitute an assumption of risk or liability by the User; 

      impose an obligation on the User to indemnify Diversit-e Smart Trade College or any other person for any cause; or 

       constitute an acknowledgement of any fact by the User. 

2.         CONTRACTUAL CAPACITY TO ACT

The User warrants that he / she is at least 18 (eighteen) years of age or has the necessary parental consent and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User warrants that he / she has the necessary authority and capacity to enter into and bind the juristic person to these Terms and Conditions.

3.         GENERAL TERMS OF USE OF WEBSITE SERVICE 

3.1       The User agrees that it will only use the Website, services and products in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference. 

3.2       The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website, services or products without the prior written consent of Diversit-e Smart Trade College. 

3.3       The User may not establish a hyperlink, frame, metatag, similar reference, whether electronically or otherwise, or any other reference to the Website without the prior written consent of Diversit-e Smart Trade College. 

3.4       Diversit-e Smart Trade College reserves the right to make any changes or modifications, as well as discontinue any aspect of the Website, its content and/or the products or services offered by or through the Website at any time and without prior notice to the User.  No such change, suspension, modification or discontinuance shall entitle the User to any refund or compensation or give rise to any liability whatsoever. 

3.5       The User may not post content on the Website that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote and/or incite violence or hatred against others or that contains abusive, offensive or profane language. 

3.6       If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such User must keep this information secret and confidential and not share such information with any third party.  The User shall be responsible for all access to the Website with the User’s username and password.  When the User’s username and password has been used in order to gain access to the Website, Diversit-e Smart Trade College shall be entitled to assume that such use and all related communications emanate from the User. Diversit-e Smart Trade College and their affiliates shall not be liable for any loss or damage arising from unauthorised use of the User’s Personal Information. The User shall be obliged to immediately, after becoming aware of any other person’s unauthorised access to the User’s account or profile, log out of the Website to prevent anyone else from gaining unauthorised access to the User’s account or profile. 

3.7       In the event that the User becomes aware of a breach of the confidentiality of the User’s Personal Information or the interference with the lawful processing of said User’s Personal Information, the User must immediately communicate this to Diversit-e Smart Trade College in writing. The compromised User’s account, profile, access and use of the Website will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Diversit-e Smart Trade College may, in their sole and absolute discretion and for any reason, require the User to change the User’s user identity and password at any time.

3.8       Diversit-e Smart Trade College reserve the right to reserve or restrict the User’s access and/or use of the Website and/or products and services to carry out repairs, maintenance or to introduce new functionality, products and/or services. Diversit-e Smart Trade College do, however, endeavour to keep any disruption in the use of the Website, the products and the services to a minimum. 

3.9       The User may only use the Website, products and services for lawful purposes and warrants that it shall not: 

3.9.1      other than for the personal and non-commercial use of the User, store on the User’s computer or device, or print copies of extracts from the Website, products and services, and the User may not, other than for its personal and non-commercial use, “mirror” or cache information provided via the Website on its own server, or copy, adapt, modify or re-use the text or graphics from the Website without prior written permission from Diversit-e Smart Trade College; 

3.9.2   use the Website, products and services to receive or transmit material, which is in violation of any law or regulation, in breach of any intellectual property rights, or otherwise objectionable or unlawful; 

3.9.3   use the Website, products and services for the transmission of “junkmail”, “spam”, “chain letters”, or unsolicited mass distribution of SMS; 

3.9.4   use the Website to process Personal Information of third parties; 

3.9.5  violate the privacy of any person in order to, or attempt to, gain unauthorised access to the Website, the products or the services, including, but without limitation through hacking, password mining or any other means; or 

3.9.6  generally, use the Website or the Services to engage in any illegal or unlawful activity. 

3.10    Should the User engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, Diversit-e Smart Trade College shall be entitled, without prejudice to any other rights it may have at law or otherwise and without prior notice to the User to: 

3.10.1      suspend, restrict or terminate the User’s access to the Website, products and/or the services; and/or 

3.10.2      terminate its agreements with the User and recover all costs incurred by Diversit-e Smart Trade College, including, but without limitation, legal costs on an attorney and own client scale. 

4.         ELECTRONIC COMMUNICATIONS 

4.1       By using this Website or communicating with Diversit-e Smart Trade College by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User constitutes proper notice to the User. 

4.2       All electronic communications, including any attachments thereto that are transmitted to or from the User by or to Diversit-e Smart Trade College, shall be on the following terms and conditions: 

4.2.1  Unless otherwise provided for in the relevant or specific terms and conditions of sale, before any purported agreement, that has been negotiated either wholly or partly by electronic means, shall be considered binding on Diversit-e Smart Trade College, the following terms and conditions shall apply: 

4.2.1.1    An advanced electronic signature, (as defined in the Electronic Communications and Transactions Act, No. 25 of 2002), of a duly authorised member of the Board of Directors of Diversit-e Smart Trade College shall be required to be used and attached to any electronic communication containing any offer and/or acceptance by Diversit-e Smart Trade College, as the case may be; or 

4.2.1.2    Where Diversit-e Smart Trade College is acting as the offeror, the agreement shall be deemed to have been concluded at the time when and place where the acceptance of the offer was actually received by the Director so acting on behalf of Diversit-e Smart Trade College, and upon such Director expressly and manually acknowledging receipt of such acceptance. 

4.2.2  An electronic communication shall be considered to have been sent/accepted by a Director of  Diversit-e Smart Trade College as aforesaid only if: 

4.2.2.1         the Director sent it personally; or 

4.2.2.2        it was sent by a person who had the required authority to act on behalf of the said Director. 

4.3       Diversit-e Smart Trade College is not responsible for the proper and/or complete transmission of the information contained in the electronic communication or of the electronic communication itself nor in any delay in its receipt. 

4.4       Whilst Diversit-e Smart Trade College does employ virus filtering, it provides no guarantees or warrantees that the electronic communication is virus-free. 

5.         E-COMMERCE

The use of any product or service bought from or used in conjunction with or on this Website is so purchased or used at the User’s own risk. The User indemnifies and holds Diversit-e Smart Trade College harmless against any loss, injury or damages which may be sustained as a result of using the Website or the products and services associated therewith. 

6.         INTELLECTUAL PROPERTY 

The User acknowledges that Diversit-e Smart Trade College owns or has licensed all of the intellectual property rights including (without limitation) the rights in and to the trademarks, service marks, trade names, domain names, logos, get-up, marketing, registrations and patents, inventions (whether patentable or not), know-how (including confidential industrial and commercial information and techniques in any form), copyright, source content, software, ratings, and all similar proprietary rights, whether registered or not, in and to the Website, the products and the services and that the unauthorised use thereof is expressly prohibited and may be interdicted. 

7.         PERSONAL INFORMATION & PRIVACY POLICY

The use of this Website and the products and services associated therewith is subject to our Privacy Policy. Please refer to our Privacy Policy or a more detailed description of i) who is responsible for the processing, as well as the management and safeguarding of collected and /or processed Personal Information; ii) the manner in which your  Personal Information may be processed pursuant to visiting or using our Website, products or services; (iii) the type of Personal Information we may process; (iv) other parties we may share the Personal Information we process with; (vi) your rights regarding the Personal Information; and (vii) security measures we employ to protect the Personal Information which we have processed.

8.         CASUAL SURFING

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. Diversit-e Smart Trade College uses this information to determine use of the Website, and to improve content thereon. Diversit-e Smart Trade College assume no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 

9.      ONLINE PAYMENT – PAYFAST PAYMENT GATEWAY 

All online credit card payments can be processed by: 

       PayFast (Pty) Ltd (Registration Number: 2007/011558/07). PayFast’s terms and conditions can be obtained and viewed at https://www.payfast.co.za. PayFast is Payment Card Industry Data Security Standard (PCI DSS) level 1 compliant.

       Mobicred (Pty) Ltd (Registration Number: 2012/163391/07). Mobicred’s terms and conditions can be obtained and viewed at https://mobicred.co.za/

       CT International. CT International’s terms and conditions can be obtained and viewed at https://ct-international.co.za. 

10.      DISCLAIMER 

10.1    Diversit-e Smart Trade College is an e-training and educational platform, neither Diversit-e Smart Trade College, its employees, sales executives, agents, affiliates and/or contractors are or represent themselves as being registered financial services providers and are not licensed to give any financial and/or investment advice in terms of the Finical Advisory and Intermediary Services Act, No. 37 of 2002. The User understands and acknowledges that self-trading, the capital markets and/or stocks involves risk. Diversit-e Smart Trade College, its employees, sales executives, agents, affiliates and/or contractors do not manage any monies for investment purposes. The User is advised to consult with the preferred stockbrokers of Diversit-e Smart Trade College, a FSCA regulated broker and/or a Financial Advisor before making any investment decisions. Diversit-e Smart Trade College, its employees, sales executives, agents, affiliates and/or contractors accept no responsibility for any losses and or damages suffered by the User in conduction such activities, howsoever arising. 

10.2    Whilst every effort has been made by Diversit-e Smart Trade College, and its suppliers, to ensure the proper performance of this online service, the accuracy of the information/content and the reliability of the binary data on this online service, neither Diversit-e Smart Trade College, its affiliates, suppliers, or any of their employees, can guarantee the availability or accuracy of the services, products, content and/or information offered on this online service. 

10.3    Diversit-e Smart Trade College makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services. In particular Diversit-e Smart Trade College makes no warranty that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free. The online services are used at your own risk. 

10.4    The Website may contain hyper-links to third party websites. Diversit-e Smart Trade College shall not be responsible for the content of, or the services offered by those sites. The hyper-link(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Diversit-e Smart Trade College of the website(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk. 

11.      LIMITATION OF LIABILITY 

11.1    The Website and all content of the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Diversit-e Smart Trade College make no warranty or representation as to the availability, accuracy or completeness of the content. Neither Diversit-e Smart Trade College, their directors, prescribed officers, employees, agents or assigns, shall be held responsible for any direct or indirect, ordinary, special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Diversit-e Smart Trade College are expressly advised thereof. 

11.2    Neither the User or any other person shall have any claim against Diversit-e Smart Trade College for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of profits, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if Diversit-e Smart Trade College were negligent. 

11.3    The User therefore indemnifies and holds Diversit-e Smart Trade College harmless against any loss, injury or damages which may be sustained as a result of: 

11.3.1      using the products or services accessed and used by the User through or by means of the Website; 

11.3.2      the User’s failure to comply with his/her obligations in terms of these Terms and Conditions; or 

11.3.3      the unavailability of, or interruption of the Services provided to the User by Diversit-e Smart Trade College through, or by means of the Website, as contemplated in clause 11.2 above. 

12.      UPDATING OF THESE TERMS AND CONDITIONS

Diversit-e Smart Trade College reserve the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

13.      GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of any High Court with jurisdiction for purposes of resolving any dispute in connection with the use of this Website, the services or products.

14.      GENERAL 

14.1    TheTerms and Conditions, as varied by Diversit-e Smart Trade College from time to time, constitute the sole and entire agreement between the parties in regard to its subject matter. 

14.2    No indulgence granted by Diversit-e Smart Trade College to the User, or failure to strictly enforce the terms of these Terms and Conditions shall be construed as a waiver or be capable of founding an estoppel. 

14.3    If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall be severed and continue in full force and effect. 

14.4    The User acknowledges that it has had the opportunity to obtain independent legal advice before entering into this Agreement and in the absence of having done so, have waived their right to do so.