VUMA
ISP Academy Terms and Conditions
This agreement applies as between you, the User of this Website and
Vumatel (Pty) Ltd (“Vumatel”), the owner(s) of this Website. Your agreement to
comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 25 of these Terms and
Conditions is deemed to occur upon your first use of the Website. If you do not
agree to be bound by these Terms and Conditions, you are prohibited from using
the Website.
In
this Agreement the following terms shall have the following meanings:
Account": Means
collectively the personal information, Payment Information and credentials used
by Users to access Services and / or any communications System on the Website;
"Content": Means
any text, graphics, images, audio, video, software, data compilations and any
other form of information capable of being stored in a computer that appears on
or forms part of this Website;
"Facilities":
Means collectively any online facilities, tools, services or information that
Vumatel makes available through the Website either now or in the future;
"Services":
Means the services available to you through this Website, specifically use of
the Vumatel e-learning platform;
"Payment
Information": Means any details required for the purchase of Services from
this Website. This includes, but is not limited to, credit / debit card
numbers, bank account numbers and sort codes;
"Premises": means
Our place(s) of business located at 1 Petunia Street, Bryanston, 2191;
"System": Means any online communications
infrastructure that Vumatel makes available through the Website either now or
in the future. This includes, but is not limited to, web-based email, message
boards, live chat facilities and email links;
"User"
/ "Users": Means any third party that accesses the
Website and is not employed by Vumatel and acting in the course of their
employment;
"Website": Means
the Website that you are currently using (www.vuma-isp-academy.com) and any
sub-domains of this site unless expressly excluded by their own terms and
conditions; and
"We/Us/Our": means
Vumatel (Pty) Ltd, a private company incorporated in accordance with
the laws of the Republic of South Africa, with registration number
2014/138808/07, and having its principal place of business situated at 1
Petunia Street, cnr Petunia Street and Main Road, Bryanston, 2191.
Persons
under the age of 18 should use this Website only with the supervision of an
Adult. Payment Information must be provided by or with the permission of an
Adult.
These Terms and Conditions also apply to customers procuring Services in
the course of business.
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all
Content included on the Website, unless uploaded by Users, including, but not
limited to, text, graphics, logos, icons, images, sound clips, video clips,
data compilations, page layout, underlying code and software is the property of
Vumatel, Our affiliates or other relevant third parties. By continuing to use
the Website you acknowledge that such material is protected by applicable South
African and International intellectual property and other laws.
- 4.2 Subject to Clause 6 you agree to treat as strictly confidential and may
not reproduce, copy, distribute, store or in any other fashion re-use material
from the Website unless otherwise indicated on the Website or unless given Our
express written permission to do so.
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights
including, but not limited to, Copyright and Trademarks, in product images and
descriptions belong to the manufacturers or distributors of such products as
may be applicable.
- 5.2 Subject to Clause 6 you may
not reproduce, copy, distribute, store or in any other fashion re-use such
material unless otherwise indicated on the Website or unless given express
written permission to do so by the relevant manufacturer or supplier.
This
Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of Vumatel or that of Our affiliates. We assume no
responsibility for the content of such Websites and disclaim liability for any
and all forms of loss or damage arising out of the use of them. The inclusion
of a link to another site on this Website does not imply any endorsement of the
sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so
only to the home page of the site www.vuma-isp-academy.com without Our prior
permission. Deep linking (i.e. links to specific pages within the site) requires
Our express written permission. To find out more please contact Us by email
at vumaispacademy@vumatel.co.za or
call us in the following number: +27 86 100 8862.
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8.1 When using any System on the Website you should do so in accordance with
the following rules. Failure to comply with these rules may result in your
Account being suspended or closed:
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8.1.1 You must not use obscene or vulgar language;
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8.1.2 You must not submit Content that is unlawful or otherwise objectionable.
This includes, but is not limited to, Content that is abusive, threatening,
harassing, defamatory, ageist, sexist or racist;
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8.1.3 You must not submit Content that is intended to promote or incite
violence;
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8.1.4 It is advised that submissions are made using the English language as We
may be unable to respond to enquiries submitted in any other languages;
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8.1.5 The means by which you identify yourself must not violate these Terms
and Conditions or any applicable laws;
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8.1.6 You must not impersonate other people, particularly employees and
representatives of Vumatel or Our affiliates; and
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8.1.7 You must not use Our System for unauthorised mass-communication such as
"spam" or "junk mail".
- 8.2 You acknowledge that Vumatel reserves the right to monitor any and all
communications made to Us or using Our System.
- 8.3 You acknowledge that Vumatel may retain copies of any and all
communications made to Us or using Our System.
- 8.4 You acknowledge that any information you send to Us through Our System
may be modified by Us in any way and you hereby waive any right you may have to
be identified as the author of such information. Any restrictions you may wish
to place upon Our use of such information must be communicated to us in advance
and We reserve the right to reject such terms and associated information.
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9.1 In order to procure Services on this Website and to use certain other
parts of the System, you are required to create an Account which will contain
certain personal details. By continuing to use this Website you represent and
warrant that:
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9.1.1 All information you submit is accurate and truthful;
-
9.1.2 You have permission to submit Payment Information where permission may
be required; and
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9.1.3 You will keep this information accurate and up-to-date. Your creation of
an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details,
particularly your username and password. We accept no liability for any losses
or damages incurred as a result of your Account details being shared by you. If
you use a shared computer, it is recommended that you do not save your Account
details in your internet browser.
- 9.3 If you have reason to believe that your Account details have been
obtained by another person without consent, you should contact Us immediately
to suspend your Account.
- 9.4 When choosing your username you are required to adhere to the terms set
out above in Clause 8. Any failure to do so could result in the suspension
and/or deletion of your Account.
- 10.1 Either Vumatel or you may terminate your Account and therefore
your access to the Services. If We terminate your Account, you will be notified
by email and an explanation for the termination will be provided.
Notwithstanding the foregoing, We reserve the right to terminate without giving
reasons.
- 10.2 If We terminate your Account, provision of Services will not commence or
will cease.
- 11.1 Whilst every effort has been made to ensure that all general descriptions
of Services available from Vumatel correspond to the actual Services that will
be provided to you, We are not responsible for any variations from these
descriptions as the exact nature of the Services may vary depending on your
individual requirements and circumstances. Please refer to sub-Clause 12.8 for
incorrect Services.
- 11.2 We neither represent nor warrant that such Services will be available at
all times. Availability indications are not provided on the Website.
- 11.3 All pricing information on the Website is correct at the time of going
online. We reserve the right to change prices and alter or remove any special
offers from time to time and as necessary.
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12.1 Vumatel shall use all Our reasonable endeavours to provide the Services
with reasonable skill and care, commensurate with best trade practice.
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12.2 Additional terms and conditions may apply to the provision of certain
Services. You will be asked to read and confirm your acceptance of any such
terms and conditions when completing your Order.
- 12.3 Vumatel provides technical support via email and/or phone. Vumatel makes
every effort possible to respond to support requests within a reasonable time,
but we do not guarantee a particular response time.
We want you to be completely satisfied with the Services you access from
Vumatel. If you need to speak to us, then please contact Us on +27 86 100
8862, or by email at vumaispacademy@vumatel.co.za or
write to us at our address (see section 1 above). If any Specific Terms
accompanying the Service contain terms about cancelling the Service, the
cancellation policy in the Specific Terms will apply.
Use of the Website is also governed by Our Privacy Policy
(//www.learnworlds.com/privacy-policy/) which is incorporated into these Terms and Conditions by
this reference. To view the Privacy Policy, please click on the link above.
- 14.1 All personal information that We may collect (including, but not limited
to, your name and address) will be collected, used and held in accordance with
the relevant legislation that may be in force at any given time.
- 14.2 You agree that we may use your personal information to:
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14.2.1 Provide Our Services to you;
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14.2.2 Process your payment for the Services (if applicable); and
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14.2.3 Inform you of new products and services available from Us. You may
request that We stop sending you this information at any time.
- 14.3 In certain circumstances (if, for example, you wish to purchase Services
on credit), and with your consent, We may pass your personal information on to
credit reference agencies.
- 14.4 We will not pass on your personal information to any other third parties
without first obtaining your express permission.
- 15.1 We make no warranty or representation that the Website will meet your
requirements, that it will be of satisfactory quality, that it will be fit for
a particular purpose, that it will not infringe the rights of third parties,
that it will be compatible with all systems, that it will be secure and that
all information provided will be accurate. We make no guarantee of any specific
results from the use of our Service or Services.
- 15.2 No part of this Website is intended to constitute advice and the Content
of this Website should not be relied upon when making any decisions or taking
any action of any kind.
- 15.3 No part of this Website is intended to constitute a contractual offer
capable of acceptance.
- 15.4 Whilst We use reasonable endeavours to ensure that the Website is secure
and free of errors, viruses and other malware, you are strongly advised to take
responsibility for your own internet security, that of your personal details
and your computers.
We
reserve the right to change the Website, its Content or these Terms and
Conditions at any time. You will be bound by any changes to the Terms and
Conditions from the first time you use the Website following the changes. If We
are required to make any changes to these Terms and Conditions by law, these
changes will apply automatically to your current and future use of the Website.
- 17.1 The Website is provided “as is” and on an “as available” basis. Vumatel
uses industry best practices to provide a high uptime, including a
fault-tolerant architecture hosted in cloud servers. We give no warranty that
the Website or Facilities will be free of defects and / or faults and we do not
provide any kind of refund for outages. We provide no warranties (express or
implied) of fitness for a particular purpose, accuracy of information,
compatibility and satisfactory quality.
- 17.2 We accept no liability for any disruption or non-availability of the
Website resulting from external causes including, but not limited to, ISP
equipment failure, host equipment failure, communications network failure,
power failure, natural events, acts of war or legal restrictions and censorship.
- 18.1 To the maximum extent permitted by law, We accept no liability for any
direct or indirect loss or damage, foreseeable or otherwise, including any
indirect, consequential, special or exemplary damages arising from the use of
the Website or any information contained therein. You should be aware that you
use the Website and its Content at your own risk.
- 18.2 Nothing in these Terms and Conditions excludes or restricts Vumatel’s
liability for death or personal injury resulting from any negligence or fraud
on the part of Vumatel.
- 18.3 In the event that any of these terms are found to be unlawful, invalid
or otherwise unenforceable, that term is to be deemed severed from these Terms
and Conditions and shall not affect the validity and enforceability of the
remaining Terms and Conditions. This term shall apply only within jurisdictions
where a particular term is illegal.
In
the event that any party to these Terms and Conditions fails to exercise any
right or remedy contained herein, this shall not be construed as a waiver of
that right or remedy.
In
the event of any conflict between these Terms and Conditions and any prior
versions thereof, the provisions of these Terms and Conditions shall prevail
unless it is expressly stated otherwise.
Nothing
in these Terms and Conditions shall confer any rights upon any third party. The
agreement created by these Terms and Conditions is between you and Vumatel.
- 22.1 All notices / communications shall be given to us either by post to Our
Premises (see address above) or by email to vumaispacademy@vumatel.co.za. Such
notice will be deemed received 3 days after posting if sent by first class
post, the day of sending if the email is received in full on a business day and
on the next business day if the email is sent on a weekend or public holiday.
- 22.2 We may from time to time, if you opt to receive it, send you information
about Our products and/or services. If you do not wish to receive such
information, please click on the ‘Unsubscribe’ link in any email which you
receive from us.
These
Terms and Conditions and the relationship between you and Vumatel shall be
governed by and construed in accordance with the laws of the Republic of South
Africa and Vumatel and you agree to submit to the non-exclusive jurisdiction of
the High Court of South Africa, Gauteng Local Division, Johannesburg.
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