Terms & Conditions
TERMS AND CONDITIONS OF USE OF THE EDUX SA WEBSITE (hereinafter “T&Cs”)
EduX SA (hereafter EduX SA).
In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access the EduX SA website or any part thereof or make use of any of EduX SA’s online products.
If you do not agree with the T&C’s, do not accept and do not click the accept box. Leave immediately and stop the use of this website. Should you no leave or stop using this website, it shall be deemed that the User fully understands and accepts the T&C’s.
1 DEFINITIONS AND INTERPRETATIONS
1.1 In these T&C’s, unless indicated by the context that a different meaning is intended:
1.1.1 “User” means a natural or juristic person who completes the new user sign-up form or utilises the services of EduX SA as listed on the website;
1.1.2 “Services” are the professional services as outlined on the website and shall include without limitation consultations;
1.1.3 “Potential User” means a natural or juristic person who considers completing the new Client sign-up form or utilises the services of EduX SA as listed on its website or in any way utilises the website;
1.1.4 “EduX SA” means EDUXECD SA t/a EduX SA with registration number 2018/447451/07, a private company incorporated in terms of the laws of the Republic of South Africa; and
1.1.5 “Website” means www.eduxsa.org or any associated hyperlink.
1.2 References herein to the singular include the plural and vice versa; and
1.3 Hyperlinks have been used in these T&C’s. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these T&C’s.
2 AUTOMATED ACCESS
Other than bona fide public search engines, the User is prohibited from accessing any pages on this EduX SA website using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.
3 ALTERATIONS TO THESE CONDITIONS OF USE
EduX SA reserves the right to alter these T&C’s at any time. In the event of material changes taking place, EduX SA will post a suitable notification on its website. The onus will fall on the user to review and familiarise any such changes. The users continued use of the website will be considered as the users unconditional acceptance of the changed T&C’s.
4 UNAVAILABILITY OF THE WEBSITE
The User acknowledges and accepts that the website may become unavailable from time to time due to various circumstances, including maintenance, technical failure or problems with the website, technical failure or problems with third party information technology systems, unavailability of telecommunication or electricity services, or other circumstances beyond the control of EduX SA, in which case there shall be no claim whatsoever arising against EduX SA.
5 PROHIBITED CONTENT AND PRACTICES
5.1 It is important to uphold the laws of the Republic of South Africa, it is therefore prohibited to publish, transmit, upload or exchange any content which is in violation to such laws.
5.2 The following practices are prohibited:
5.2.1 Using the website in a manner which may cause damage to EduX SA, other Users or any third party;
5.2.2 publishing, uploading, exchanging or transmitting any content which is considered prohibited, vulgar, offensive, or abusive;
5.2.3 publishing, uploading, exchanging or transmitting any content or information that the User knows is false or untrue, or should reasonably know is false or untrue, and which use may cause damage to EduX SA, other Users or third parties;
5.2.4 Providing any misrepresenting information to EduX SA with the intention of deceiving EduX SA, other Users or third parties;
5.2.5 publishing, uploading, exchanging or transmitting to EduX SA, other Users or third parties any unauthorised and unwanted notices or content without prior written consent from EduX SA;
5.2.6 purposefully publishing, uploading, exchanging or transmitting any content containing computer viruses, worms, and programs which may cause an obstruction or hinderance to the operation or functionality of the website, cause damage or destruction of any computer program, or any computer and other equipment owned by EduX SA, other Users or third parties;
5.2.7 collecting, processing or using personal data of the Users or third parties in an unauthorised manner;
5.2.8 engaging in overt or covert advertising in an unauthorised manner.
5.3 Users or third parties shall be held legally liable for their failure to comply and adhere with the provisions contained in the T&C’s related to the abovementioned prohibited practices, particularly for possible damage caused by such actions to EduX SA, other Users and/or third parties.
5.4 EduX SA reserves the right and discretion to cancel any User or third parties account due to failure to comply with these T&C’s, offensive, abusive or vulgar and/or any other unlawful behaviour, without prior notice and without explanation.
5.5 In light of the above, EduX SA shall not be held responsible for possible damage incurred to the User, other Users or third parties, caused by his or her behaviour and/or actions.
6 AVAILABILITY, ERRORS AND INACCURACIES
EduX SA in no way guarantees the accuracy or completeness of any information, including prices, product images, specifications, legal advice, availability, and services. EduX SA’s right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice is fully and strictly reserved.
7 ELECTRONIC COMMUNICATIONS
7.1 Any communication or material that the User sends to EduX SA by means of electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by EduX SA, unless expressly agreed otherwise in writing.
7.2 Information relayed in electronic communications by EduX SA must be regarded as confidential and intended solely for the use and knowledge of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful.
7.3 EduX SA makes use of virus filtering and protection software. EduX SA, however, does not guarantee or warrant that electronic communication will be virus-free. The User is accordingly advised to use their own virus scanning tools.
8 INDEMNITY AND WARRANTIES
8.1 As a condition of the User’s use of the website, the User hereby indemnifies EduX SA where there is no consultation time prior to using any website content .
8.2 Use of the website or the information contained thereon is entirely at the User’s own risk and the User accepts full responsibility for all risks that may result from the use of the website. EduX SA shall not be held liable for any damages whatsoever arising from the use of the website or the information contained thereon.
8.3 Notwithstanding anything to the contrary contained above, EduX SA, its directors, employees, partners, agents, suppliers, or affiliates, shall not be held liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
8.3.1 Any User’s access to and/or use of and/or inability to access or use the website;
8.3.2 any conduct or content provided by any third party on the website;
8.3.3 any content obtained from the website; and
8.3.4 any unauthorised access, use or alteration of transmissions or content, whether based on warranty, contract, delict including negligence and excluding gross negligence, whether EduX SA has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8.4 The Users make use of the website at their own sole risk.
8.5 The website is provided without any warranties, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
8.6 EduX SA has taken all reasonable measures to ensure the integrity of the website, but no warranty is given that any material downloaded from the website is free of viruses, bugs, etc.
9 LINKS TO THIRD PARTY PLATFORMS
9.1 EduX SA shall not control or supervise any content available through links and therefore EduX SA does not guarantee the accuracy, truthfulness, origin, contents, or availability thereof. The content contained in the link remains the views and opinions of the author, and EduX SA does not necessarily hold the same views and opinions.
9.2 EduX SA cannot be held responsible for any possible damage caused in the event that the user relies on any content available via the link.
10 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
10.1 Access to the services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, EduX SA provides the following information:
10.1.1 The full name and legal status of the Website owner: EDUXECD SA t/a EduX SA, registration number 2018/447451/07;
10.1.2 Postal address: PO Box 55276, Polokwane, 0709
10.1.3 Physical address for receipt of legal services: 54 & 56 Hoog Street, Moregloed, Polokwane, 0699
10.1.4 Main business: Education
10.1.5 The Website address of the EduX SA website is: https://eduxsa.org
10.1.6 The official e-mail address of the EduX SA website is: support@eduxsa.org
10.1.7 Access to and use of the EduX SA website is provided at a fee as described in the membership terms and conditions;
10.1.8 Users may lodge complaints concerning the website at support@eduxsa.org, cc@eduxsa.org or 079 498 3122
11 GOVERNING LAW
The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa