User Agreement
YOU WILL FIND
THE USER AGREEMENT, GENERAL TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND
PAYMENTS, DELIVERY AND CANCELLATION POLICY IN THIS DOCUMENT
PLEASE READ THIS
USER AGREEMENT CAREFULLY BEFORE USING THE SITE.
A. General Terms
and Conditions of Use
1. Definitions
1.1. In this user
agreement, the terms below have the following meanings:
1.1.2. “Site”
means collectively our website/s and the client portal.
1.1.3. “we”, “us”,
“our” and “NOSA” means NOSA Pty Ltd, ,
all its affiliates and subsidiaries and any developers that NOSA may employ
from time to time.
1.1.4. “website”
means the internet websites with the address
www.NOSA.co.za
or any
website with a URL that is validly registered to NOSA.
1.1.5. “you” and
“your” means the user of the Site and / or your legal guardian.
1.1.7. “
personal
information
” means information relating to
you or any other living person or existing legal entity, including but not
limited to –
·
information relating to the race, gender, marital status, national,
ethnic or social origin, colour, , age, disability, language;
·
information relating to the education or the medical, financial,
criminal or employment history of the person;
·
any identifying number, symbol, e-mail address, physical address,
telephone number or other particular assignment to the person;
·
correspondence sent by the person that is implicitly or explicitly of a
private or confidential nature or further correspondence that would reveal the
contents of the original correspondence;
·
the name of the person if it appears with other personal information
relating to the person or if the disclosure of the name itself would reveal
information about the person,
provided that such information
is not in the public domain in the same or in a different format or held by a
public body and publicly accessible.
2. Conditions of
Access
2.1. Your access
to, and use of, the Site is subject always to the community guidelines and
terms and conditions set out in this user agreement.
2.2. To avoid any
confusion, you agree these terms and conditions applies to your use of:
2.2.1. the website;
2.2.2. the client portal;
2.2.3. any third party website or mobile application licensed to us;
Regardless of the platform,
gateway, portal or mode of access you use to install, download or access the
Site. Your cell phone provider may, depending on the type of contract you have,
charge you for accessing the Site or for any usage of the Site (such as data charges,
sms charges). NOSA cannot be held responsible for these charges.
3. Your Acceptance
and Consent
3.1. By using the
Site, you expressly agree to the terms and conditions of this user agreement.
If you do not agree to all of the terms and conditions, please do not continue
to use the Site.
3.2. You agree that
this user agreement applies to any information accessed via the Site, and to
all sections of the Site.
4. Changes to this
User Agreement
4.1. We may change
the terms and conditions of this user agreement from time to time. We recommend
that you familiarise yourself with this user agreement regularly.
4.2. The current version
of this user agreement will apply each time that you access and use the Site.
5. Your account
5.1. If you use the
Site, you must keep your access details (including, your
user
name
and password) confidential and not allow other people to use it.
You also accept full responsibility for all activities that occur under your
access details or password and accept responsibility for sharing your user name
and password. You are only permitted to use one account as an individual
student and there will only one account available to one authorized member for
a company. If you use more than one account we could delete all access.
5.2. NOSA may refuse access
to the site if we are unable to verify any information that you provide to us.
5.3. You agree that
the following actions shall be material breaches of these terms and conditions:
5.3.1. signing in
as, or pretending to be, another person;
5.3.2. transmitting
material that violates, or could violate, the intellectual property rights of
others or the privacy of others
5.3.3. using
interactive services in a way that is intended to harm, or could result in harm
to you or to other users of the Site; or
5.3.4. gathering
information about others without obtaining their prior written consent.
5.4. You also
agree that any use of your access details shall be regarded as if you were the
person using such information.
5.5 NOSA may
determine certain requirements that you will need to meet when choosing a user
name or password. These requirements may be changed from time to time and
you may be required to update your credentials.
6. Full disclosure
of all relevant facts and information
6.1. NOSA might
need certain personal and financial information from you. It is in your best
interest to keep this information current and accurate.
6.2. You guarantee
that all information provided by you at any time to NOSA on or via the Site,
will be true, accurate, current and correct and you undertake to update the
information as and when required.
6.3. You guarantee
that you have fully disclosed all facts and information, and
agree that this user agreement or any transactions related to this user
agreement will be void if you do not meet this requirement.
7. Electronic
communication and records
7.1. When you visit
the Site or send e-mails to us, you accept that we can communicate with you
electronically. All records that you send to us may be stored electronically
and with third parties, although these third parties are bound by the strictest
levels of confidentiality. These electronic records shall be proof of the
records, unless you can prove otherwise.
7.2. Any electronic
communication (for example, an e-mail or SMS) sent to you will be regarded to
have been received by you upon being sent by NOSA. This includes, but is not
limited to mobile push notifications.
7.3. If you are a
registered user of the Site, you will receive communications from us via
e-mail. If you do not want to receive e-mails from NOSA, you may change the way
you receive your communication on the site, or you can phone our contact centre.
7.4. NOSA takes all
reasonable steps to protect your personal information and maintain
confidentiality, including the use of encryption technology. However, we cannot
guarantee the security or integrity of any information you transmit to us
online and you agree that you do this at your own risk.
7.5. You agree that
all agreements, notices, disclosures and other communications that we provide
to you electronically meet any legal requirement that the communications be in
writing.
8. Copyright
8.1. All content
made available on the Site (for example, text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software)
belongs to NOSA, unless we expressly state that it is not and is protected by
South African law. In addition, the compilation of all content on the Site is
the exclusive property of NOSA and is protected by South African copyright
laws.
8.2. Except if
permitted under this or another agreement with NOSA no portion of the Site may
be copied or transmitted via any means available now or in the future.
8.3. Any
unauthorised use, alteration or dissemination of the information or content on
the Site is prohibited.
8.4. You agree that
if you breach the terms of this clause 8, NOSA will have the right to claim
damages against you, which will include the right to claim special, incidental,
consequential or indirect damages. NOSA will also be allowed to claim for loss
of profits and loss of business and will also be allowed to recover all legal
costs on a scale as between attorney and own client.
8.5. Nothing on the
Site should be regarded as granting any licence or right to use any trademark
without NOSA's prior written permission and/or that of any third party.
9. Disclaimer
9.1. The Site and
all information, content, tools and materials are provided by NOSA on an “as
is” and “and available” basis, unless we inform you in writing.
9.2. NOSA does not
guarantee the operation of the Site or the information, content, tools or
materials on the Site. You agree that you use the Site at your own risk.
9.3. NOSA does not
guarantee that (i) the Site; (ii) the information, content, tools or materials
included on the Site; (iii) the NOSA servers; or (iv) that any electronic
communications sent by us are free from viruses or other harmful components. NOSA
will not be liable for any damages of any kind arising from your use of the
Site or from any information, content, tools or materials included on or
otherwise made available to you through the Site, including for direct,
incidental, punitive and/or consequential damages.
9.4. We are fully
committed to providing you with the best possible service. However, we are not
responsible for:
9.4.1. any interrupted,
delayed or failed transmission, storage or delivery of information due to a
power failure, equipment or software malfunction, natural disasters, fire,
labour unrest, or any other cause beyond the reasonable control of NOSA; or
9.4.2. any
inaccurate, incomplete or inadequate information obtained from the Site
supplied by you.
9.5. Neither will
we be responsible for any direct or indirect loss or damages that may arise
from:
9.5.1. any of the
events described in this paragraph or the paragraphs
above9.5.2. your actions or omissions that result in a breach
of this user agreement;
9.5.2. any links to
other websites from the Site. You also acknowledge that we cannot control the
content of or the products offered on those websites;
9.5.3. a denial of
access to the site should we believe or have reason to believe that you are
conducting activities that are illegal, abusive, would attack the integrity of
the website or put NOSA in disrepute; or
9.5.4. your
reliance on any of the information, content, tools or materials that you obtain
from the Site.
12.5. Updates and/
changes to the Pass will be pushed through to your Pass, provided that the
‘automatic updates’ option on your device is switched on. Where the ‘automatic
updates’ option on your device is switched off, you will need to manually
update the Pass.
12.6. Any unauthorised use,
alteration or dissemination of the information or content on the Site is
prohibited.
14, Indemnity
You
agree to indemnify, defend, and hold harmless NOSA, its officers, directors,
employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
The NOSA
site and all content are provided on a "voetstoots" basis. The
contents of the site, such as text, graphics, images, information obtained from
NOSA's licensors, and other material contained on the NOSA site
("Content") are for informational purposes only and do not constitute
advice. The user is encouraged to consult with a professional advisor before
acting on any information or content appearing on or transmitted through NOSA's
web site.
Nothing
on the site shall be construed as an offer by NOSA to the user, but merely an invitation
to do business.
15. Phishing and spoofing
15.1. If you
receive an unsolicited e-mail that appears to be from NOSA and that requests
you to provide personal information (such as your credit card number, user
name, or password), or that asks you to verify or confirm your NOSA information
by clicking on a link, it is most likely that the e-mail was sent by a
"phisher" or "spoofer."
15.2. NOSA will
never ask for this type of information in an e-mail, and we strongly recommend
that you do not respond to these e-mails and that you
do
not
click on the link. Responding to “phishing” places you and your
personal information at risk. NOSA cannot be responsible for any consequences
resulting from your response to any email sent by a “phisher” or a “spoofer”.
16. Linking to third
party websites
16.1. The Website may
contain certain images and links to other third party
websites with information, content or material produced by other parties. These
linked third party websites are not under the control of NOSA and NOSA is not
responsible for the information, content or material on any linked website,
including, any link contained in a linked website, or any changes or updates to
a linked website.
16.2. NOSA is providing
these links to you only as a convenience, and you agree that the inclusion of
links does not imply an endorsement by NOSA of the linked website, their
business or security practices, or any association with its operators.
16.3. From time to time NOSA
may employ the services of third parties to assist with the hosting and
management of certain services and aspects of the Site. We apply every effort
to ensure that our sub-contractors comply with our Privacy Policy and widely
accepted security standards and they will be accountable for any
non-compliance.
16.4. Should you have
any queries arising from transactions you conclude with such third parties, you
will be required to contact them directly.
17. Applicable law
17.1. By accessing
and using the Site, you agree that the laws of the Republic of South Africa
will govern this user agreement, and you consent to the jurisdiction of the
South African courts in respect of any dispute which may arise from this user
agreement.
18. General
Provisions
18.1. The headings
of the clauses in this user agreement is provided for convenience and ease of
reference only, and will not be used to interpret, modify or amplify this user
agreement.
18.2. If any
provision of this user agreement is held to be illegal, invalid or
unenforceable, that illegality, invalidity or unenforceability shall not affect
the other provisions of this user agreement.
18.3. No failure or
delay by NOSA to exercise any of its rights will be regarded as a waiver of its
rights, nor will it affect the validity of any
part of this user agreement.
19. Termination
19.1 These terms and
conditions are applicable to you upon your accessing the site and/or completing
the registration or shopping process. These terms and conditions, or any part
of them, may be terminated by NOSA without notice at any time, for any reason.
The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any termination.
B. Privacy
Policy
This privacy
policy is complementary to, and should be read and understood together with,
the general terms and conditions of use set out in Section A above.
1. The General
Principles of our Privacy Policy
1.1. This privacy
policy covers how we treat your personal information collected electronically
when you use the Site, register or apply online for any NOSA products or
services, or when you contact NOSA electronically.
1.2. NOSA respects your
privacy and your personal information and for this reason, we take care to
protect your personal information and to keep it confidential.
1.3. When dealing
with your personal information we apply the following:
1.3.1. NOSA will
only disclose, collate and process (“use”) your personal information with your
express written permission unless we are legally required to do so.;
1.3.2. NOSA will
not use your personal information for any other purpose, other than that which
we disclosed to you, unless you give NOSA your express written permission to do
so, or unless NOSA is permitted or required to do so by law
2. What do we mean
by Personal Information
2.1. Personal
information refers to information that identifies or relates specifically to
you, for example, your name and identity number or any information you use to
register for the site. Any information provided to NOSA as the authorized
representative for a Company will also be regarded as personal information.
3. How we collect
your Personal Information
3.1. Whenever you
use the Site, complete an application form, contact NOSA electronically, or use
one of the products, services, facilities, tools or utilities offered by NOSA
on the Site, NOSA will collect your personal information.
3.2 NOSA do make use of
Cookies to obtain a variety of information which provides us details as to what
product and information interest our visitors. Cookies can also be used to
protect your information. Cookies are alphanumeric identifiers that we transfer
to your computer's hard drive through your Web browser to enable our systems to
recognise your browser. We can see what pages you click through, plus store
items in your Shopping Cart between visits. The 'Help' portion of the toolbar
on most browsers will instruct you on how to prevent your browser from
accepting new cookies, how to have the browser notify you when you receive a
new cookie, and/or how to disable cookies altogether. Please note that
disabling cookies will prevent you from using many of our services.
4. Why we collect
and use Personal Information
4.1. In order to
make your use of the Site and the products, services, facilities, tools or
utilities offered on the Site as informative and successful as possible, it is
necessary for NOSA to find out exactly what you need and want. The following
are some of the reasons (i.e. disclosed reasons) why NOSA would collect your
personal information:
4.1.1. for NOSA to
process your instructions or requests; or
4.1.2. for NOSA to
ensure that we meet your needs, NOSA may collect and analyse your personal
information and combine all the information that we have about you for research
and statistical purposes. We may also use your personal information to
personalise and tailor our services to meet your needs; or
4.1.3. once NOSA
has collected and analysed your personal information, NOSAmay
send you promotional material or details which we think may be of interest to
you.
4.1.4. to conduct
market research;
4.1.5. to conduct
academic research which may be used to evaluate and improve NOSA’s product
offerings. You are advised that information may be shared with third parties
such as academics and researchers. All such information collected will be kept
strictly confidential and all data will be depersonalized to the extent possible
and where appropriate. No personal information will be made available to
a third party unless such third party has agreed to abide by strict
confidentiality protocols. If we publish the results of this research,
you will not be identified by name.
4.2. Your privacy
is important to us and we will therefore not sell, rent or provide your
personal information to unauthorised third parties for their independent use,
without your consent. If at any stage after you have given NOSA your consent
you no longer wish NOSA to use or share your personal information, you may at
any stage withdraw your consent.
4.3. You accept
that we may store your personal information outside of the region or country
that you may submit or use it in.
5. Protection of
your Personal Information
5.1. NOSA values
the information that you choose to provide and will take reasonable steps to
protect your personal information from loss, misuse or unauthorised alteration.
The information NOSA has concerning NOSA clients is stored in databases that
have built-in safeguards to ensure the privacy and confidentiality of that
information.
5.2. When you use
the products, services, facilities, tools or utilities provided by NOSA on the
Site, you may be given an access number, user name,
password and/or personal identification number (PIN). You must always keep your
user name, password and/or PIN a secret and ensure that you do not disclose it
to anyone.
6. Correction of
Personal Information
6.1. If you ever
want to update or correct any of your personal information held by NOSA, you
can either update certain information on the Site or e-mail us or you can phone
our contact centre.
7. Personal
Information held by or disclosed by you or NOSA to a third party
7.1. Because NOSA
is not responsible for any representations or information or warranties or
content on any third party website (including third party websites linked to
this website, websites facilitated by us or websites that serve as social
networks like Facebook or Twitter), NOSA does not exercise control over the
privacy policies of these third parties and you should refer to the privacy
policy of these third parties to see how they protect your privacy.
7.2. NOSA may enter
into arrangements with its partners and other third party suppliers in order
for them to provide services to you. Those
arrangements may require us to disclose your personal information to them,
whether in person or by means of an application. You hereby consent to NOSA
disclosing your personal information to those partners and third parties for
this purpose and you also consent to receiving data about yourself from them.
If at any time, after you have given NOSA your consent, you no longer wish to
have your personal information disclosed to these partners or third parties,
you may withdraw your consent.
8. Changes to this
Privacy Policy
8.1. NOSA may amend
this privacy policy from time to time. We will give you notice of any material
changes within a reasonable time, however, we recommend that you familiarise
yourself with this privacy policy regularly.
8.2. The current
version of this privacy policy will govern the respective rights and
obligations between you and NOSA each time that you access and use the Site
10. Which laws
apply to this Privacy Policy
10.1. This privacy
policy is governed by the laws of the Republic of South Africa, and you consent
to the jurisdiction of the South African courts in respect of any dispute which
may arise out of or in connection with the formation, interpretation, substance
or application of this privacy policy.
10.2 South African CONSUMER
PROTECTION ACT NO. 68 OF 2008 (CPA) laws shall supersede any NOSA terms and
conditions which conflict with the Act or any other laws in the Republic of
South Africa.
10.3 South African ELECTRONIC COMMUNICATIONS
AND TRANSACTIONS ACT NO. 25 OF 2003 (ECT ACT) shall supersede any NOSA data
privacy policies which conflict with the Act or any other laws in the Republic
of South Africa.
10.4 South African PROTECTION OF PERSONAL
INFORMATION ACT NO. 4 OF 2013 (POPI ACT)shall
supersede any NOSA data privacy policies which conflict with the Act or any
other laws in the Republic of South Africa.
C. PAYMENT,
DELIVERY & CANCELLATION POLICY
PLEASE READ THE FOLLOWING
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Please note that for all
purchases and sales, the full amount due, is required to be paid in full before
delivery of the product/service can be issued.
1. Cancellation, postponement and refund policy
|
1.1
Cancellations and postponements must be done in writing, either by
email, letter, fax or portal. |
|
1.2 If
less than 5 working days’ notice is given, the full course fee will be
payable. |
|
1,3 If
less than 10 working days’ notice is given, 50% of the course fee will be
payable. |
|
1.4 The
number of learners booked by Companies, will be the number of learners
invoiced, if the cancellation policy had not been adhered to. |
|
1.5 The
date of cancellation / postponement shall be the date received by NOSA. |
|
1.6 Full
refunds will only be given if you have given us 10 working days’ notice
before the course commencement date. |
|
1.7 Refunds
will be processed two weeks from the date on which supporting documents have
been submitted to refunds@nosa.co.za |