Ruimsig Academy – Website Terms & Conditions
The term “site” refers to the Ruimsig Academy website, portal, mobisite or any other such application as may be available in the future and if inferred from the context, may also include any other website or part thereof, accessed through a link to our website or portal and shall include, but is not limited to, social media websites such as Facebook, LinkedIn, Twitter or any such site.
The terms “we”, “us” or “our” refer to Ruimsig Academy, which includes all subsidiaries.
The term “you” refers to the user or viewer of the Ruimsig Academy site.
1.1. By accepting agreement to these terms and by using the site, you indicate that you accept these terms and that you agree to abide by them. If you do not accept these terms, please tick that you do not agree and leave the site.
1.2. Use of the site is also subject to any additional enrolments, agreements, policies or guidelines posted on the site from time to time.
1.3. Ruimsig Academy does not make any representation regarding any other websites which may be linked to or accessed through this site and accordingly accepts no responsibility for the content or use of such websites or information contained therein. Ruimsig Academy shall not be liable to any party for any form of loss or damage incurred as a result of any use of or reliance on any information contained on such website or any websites which can be accessed through this website.
1.4. This site is supplied on an “as is” basis and has not been compiled or supplied with the intention of meeting your individual requirements. It is your sole responsibility, as user, to satisfy yourself, prior to making use of this site, that the service available from and through this site will meet your individual requirements and be compatible with your hardware and/or software.
www.ruimsigacademy.co.za site may use “cookies” in order to deliver web content specific to individual users’ interests or to keep track of online purchasing transactions. Sensitive personal information is not stored within cookies.
www.ruimsigacademy.co.za uses webforms forms on this site. These forms require users to give contact information; full names, e-mail address, contact number. Contact information from the registration form is used only to send material relating to the enquiry for which it was collected and will not be sold to another party.
2. AGE RESTRICTIONS
2.1. The site is not available for any person under the age of 18 without your parents/guardian’s consent. If you are under 18 years old, your parent or guardian is required to consent to your use of this site and shall be required to accept these terms on your behalf. Accordingly, Ruimsig Academy is indemnified from any and all liability in this regard, including any liability arising as a result of your failure, or someone acting on your behalf, to provide accurate information in this regard when required to do so through the use of this site.
3.1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this site or the services or content provided from and through this site, or third-party website accessed through this site. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this site are free from errors or omissions or that the service will be uninterrupted and error free.
3.2. Ruimsig Academy, or any other party (whether or not involved in creating, producing, maintaining or delivering the Site or the portal), and any of Ruimsig Academy group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise, in connection with the site (including the User-Generated Content) in any way or in connection with the use, inability to use or the results of use of the site (including the User-Generated Content), any sites linked to the site or the material on such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site (including the User-Generated Content) or your downloading of any material from the site (including the User-Generated Content) or any sites linked to the site.
3.3. You agree to keep Ruimsig Academy and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against Ruimsig Academy as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by Ruimsig Academy to you.
4. SERVICE ACCESS
4.1. Ruimsig Academy endeavours to ensure that the site is normally available 24 hours a day. Access to the site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Ruimsig Academy’s control. Ruimsig Academy shall not be liable if for any reason the site is unavailable at any time or for any period.
5. INFORMATION ON THIS SITE
5.1. Information, ideas and opinions expressed on these sites should not be regarded as professional advice or the official opinion of Ruimsig Academy. Users must seek advice prior to taking any action based on the contents of this site.
5.2. Ruimsig Academy has not determined that the site content is suitable for any particular purpose and/or for a user whatsoever, other than as a general reference, and has not necessarily disclosed all risks relating to the site content or its subject matter. You should not rely on the site content for professional advice (including, but not limited to business, financial, investment, trading, or other advice) or as a basis for any investment, transactional or similar decisions you make or which are made on your behalf without first consulting with your preferred professional or business advisors (who may include their attorney, tax, accounting and investment advisors). No information or data on this site is an offer to do business (which upon acceptance by yourself will constitute a contract), but is merely an invitation to do business. No agreements shall be concluded merely by sending a data message to this site or its owners. Valid agreements require an acknowledgement of receipt of an offer, duly received from us. This is subject to the provisions in section 11 of the Electronic Communications and Transactions Act.
6. USER-GENERATED CONTENT AND CONDUCT
6.1. Any use of User-Generated Content by Users other than for private, non-commercial research or study is strictly prohibited.
6.2. You are prohibited from posting or transmitting to or from the site, including Ruimsig Academy’s Facebook, Twitter, LinkedIn, Google+ and other social networking media, any material:
6.2.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
6.2.2. for which you have not obtained all necessary licences and/or approvals; or
6.2.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
6.2.4. which is technically harmful (including (but not limited to) computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data. (together “Inappropriate User-Generated Content”)
6.2.5. publish, upload, exchange or transmit any content that the User/Client knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to Ruimsig Academy, other Users or third parties;
6.2.6. for any User/Client misrepresenting him/herself for the purpose of deceiving Ruimsig Academy, other Users or third parties;
6.3. Ruimsig Academy shall fully co-operate with any law enforcement authorities or court order requesting or directing Ruimsig Academy to disclose or identify or locate anyone posting any Inappropriate User-Generated Content.
6.4. Ruimsig Academy accepts no responsibility for actively monitoring any forums, such as, but not limited to Facebook, Twitter, LinkedIn and any such other forums as may come into existence, contained in the site for Inappropriate User-Generated Content. You agree that Ruimsig Academy accepts no liability whatsoever if we so choose from time to time to edit, restrict or remove the User-Generated Content.
User access to any self-service portals hosted/accessed by Ruimsig Academy facilities is subject to the following terms & conditions
7.1. Education Related Portals
7.2. All access to this website by registered students, candidates, parents, lecturers and teachers shall be governed by the Ruimsig Academy’s Parent Portal Conduct Policy.
7.3. You are prohibited from sharing any login credentials to our site with a third party. You are responsible for maintaining the confidentiality of your account, profile and passwords, as applicable. You may not share your password or other account access information with any other party, temporarily or permanently, and you shall be responsible for all uses of your registrations and passwords, whether authorized by you. You agree to immediately notify Ruimsig Academy of any unauthorized use of your account, profile, or passwords.
8. PURCHASES FROM THE WEBSITE
All purchases made through the website or parent portal shall be subject to the following terms and conditions:
8.1. Instructions on the site that describe how to place your order/payment and for making changes to your prospective order/payment before you submit it must be followed.
8.2. When you submit an order/payment, you agree that you do so subject to the purchase terms current at the date you submit your order/payment.
8.3. You are responsible for reviewing the latest purchase terms.
8.4. Your order/payment remains valid as an offer until we issue our Order/payment Confirmation or, when we receive your notice revoking/cancelling your order/payment, if earlier.
8.5. A contract is formed, and we will be legally bound to supply the product to you when we accept your order/payment.
8.6. Until acceptance of your order/payment, we reserve the right to refuse to process your order/payment and you reserve the right to cancel your order/payment.
8.7. If we or you have cancelled your order/payment before we have accepted it, then we will refund any payment already made by you or your credit or cheque card company.
8.8. If you discover that you have made a mistake with your order/payment after having submitted it, please contact email@example.com, immediately. However, we cannot guarantee that we will be able to amend your order/payment in accordance with your instructions.
8.9. Only information which is accurate, not misleading and up to date must be submitted and you must inform us of changes.
8.10. The schedule of fees and other costs are as displayed on our website.
8.11. The displayed price will include all charges (VAT) and will reflect in South African Rands unless otherwise stipulated.
8.12. We will endeavour to ensure that the price displayed is accurate. The price of your order/payment will need to be validated by us as part of our acceptance. If the price for the order/payment changes before we accept your order/payment, we will contact you and ask you to confirm that you wish to proceed at the amended price.
8.13. Exam fees are only for Grades 7, 10 and 12. Exam fees are subject to prevailing exchange rate (GBP £) at time of payment and no discount is applicable on exam fees
8.14. We will make all reasonable efforts to accurately indicate prices and charges. However, should incorrect prices and/or charges be communicated, we will not be obliged to proceed with enrolment at such incorrect prices and/or charges, but will refund monies paid by you should you not wish to proceed with the enrolment at the correct price and/or charge. Refunds will not be made towards application and enrolment fees.
8.15. If fraud is suspected, we reserve the right to refuse to accept or process payment on any order/payment, and to cancel the order/payment.
8.16. We further reserve the right to cancel the application should we no longer have the available space in the application grade. We will notify you if this is the case and return any payment that you may have made.
8.17. We accept no liability which may arise as a result of our inability or refusal to process any application or for the cancellation of an enrolment.
8.18. We will usually refund money received using the same method originally used by you to pay. No refunds will be processed on application and enrolment fees as stipulated in our admissions policy.
8.19. A full record of every sale and related transaction between you and RUIMSIG ACADEMY will be maintained on the portal for a period of 12 months following the date of sale or related transaction. You will only be able to view and print this record during this 12-month period, whereafter you will be responsible for retaining your own record of the sale or related transaction.
8.20. These terms are subject to the provisions of the Electronic Communications and Transactions Act No. 25 of 2002 (the Act”) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with the Act.
9. INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
9.1. This site contains information which is owned by or licensed to us, including but not limited to text, design, layout, graphics, organization, magnetic translation, digital conversion and other information related to the site. This information is protected under applicable intellectual property laws and reproduction, distribution, publication or any other use, either in whole or in part, other than in accordance with the next paragraph is strictly prohibited. Without limiting the generality of the rights granted to a user under applicable intellectual property law, you are granted a non-exclusive, non-transferable, revocable license to:
9.1.1. access and use this site strictly in accordance with these terms.
9.1.2. to use this site solely for personal, non-commercial and lawful purposes.
9.1.3. to download, copy, print screen, use, save or print out information from the site solely for personal, non-commercial purposes, provided that all copyright and other intellectual property notices therein are unchanged.
10. INTERACTIVE ONLINE FORUMS
10.1. The access and use of any chatroom, newsgroup, bulletin board, mailing list, transaction or other online forum available on this site, shall be governed by the guidelines for Online Conduct (see section 14 below) in these Terms and Conditions.
11. LINKS TO AND FROM OTHER SITES
11.1. You may not create a link to this site from a third-party site or document without our prior written consent.
11.2. Links to third party websites on the site are provided solely for your convenience. If you use these links, you leave the site. We have not reviewed all these third-party websites. We do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about any third-party website, or any material found in such websites, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the site, you do so entirely at your own risk.
11.3. If you would like to link to the site and have our permission to do so, you may only do so on the basis that you link to, but do not replicate, any page of the site, and subject to the following conditions:
11.3.1. you do not remove, distort or otherwise alter the size or appearance of Ruimsig Academy logo or any of its related subsidiaries;
11.3.2. you do not in any way imply that we are endorsing any products or services other than its own;
11.3.3. you do not misrepresent your relationship with us nor present any other false information about Ruimsig Academy;
11.3.4. you do not otherwise use Ruimsig Academy mark displayed on the site without express written permission from us;
11.3.5. you do not link from any other site that you do not have the necessary authority or permission to link from; and
11.3.6. the site you are linking from does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of Ruimsig Academy or any other person or otherwise does not comply with all applicable laws and regulations.
11.4. We expressly reserve the right to revoke the right granted in clause 11.3 for breach of these terms and to take any action we deem appropriate.
11.5. You shall fully indemnify us for any loss or damage suffered by Ruimsig Academy or any of its group companies for breach of clause 11.3.
12. VARIATION OF TERMS
12.1. We reserve the right to modify these terms or information set out in the site at any time and will publish notice of any such modifications online. By continuing to access our site after notice of such modifications has been published, you agree to comply with and be bound by them. If you disagree with any of these modifications, you must immediately cease your use of our site.
13. GUIDELINES FOR ONLINE CONDUCT
13.1. You agree to use the site in accordance with all applicable laws.
13.2. We respect the constitutional right to freedom of speech and encourage robust intellectual debate. Your right to free speech is subject to the provisions of the Constitution.
13.3. You agree not to post any advertising or any form of commercial solicitation, including, but not limited to, spamming anywhere on the site.
13.4. You agree not to post any content that contains viruses or other harmful items anywhere on the site.
13.5. We reserve the right to remove content, block access or take other action which we deem appropriate in the circumstances against any content which violates the above rules and guidelines.
13.6. If a third-party claims that any material you have contributed to a site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.
13.7. You agree that you will not access or attempt to access any other user’s account or misrepresent or attempt to misrepresent your identity while using the sites.
13.8. You agree that you will not restrict or inhibit any other user from using and enjoying the sites.
13.9. You agree that you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your account or password.
13.10. We respect the intellectual property of others. If you believe your copyright has been violated on a site hosted by us, please give notice at: firstname.lastname@example.org. We will, upon receipt of such notice and confirmation that such copyright has been violated, use all reasonable means to remove the infringing content and inform the person that posted it of such removal and the reason therefor.
14. DATA PROTECTION
14.1. The “Client” being a data subject and further, as the duly authorised representative of the said Client, hereby acknowledge that Ruimsig Academy has been engaged or may possibly be engaged to render or potentially render a wide range of educational services and therefore consent thereto that Ruimsig Academy collects, hold, organise, store, use, administer and process the Client’s personal information for this purpose. The personal information (the “information”) in relation to this consent is:
14.1.1 the Client’s contact – and invoicing details (including email addresses, fax and phone numbers, physical, postal and website addresses VAT and Tax Numbers, banking details), FICA documents in terms of the Financial Intelligence Centre Act 38 of 2001 (as amended), the verification of the Client’s details and shall include credit check(s) on the Client and key decision-makers.
14.2. The Client acknowledges that it has the right to:
14.2.1. request a list of the names and addresses of any potential recipients of the information;
14.2.2. to review and correct the Information;
14.2.3. The Client acknowledges thatinformation may be requested and shared in terms of its PAIA Manual; and
14.2.4. to request the return or destruction of the Information once it is no longer required under the engagement with Ruimsig Academy or by law.
14.3. Ruimsig Academy undertakes that all personal information will be held securely to the standard directed by the Protection of Personal Information Act 4 of 2013 as amended (the “Act” or “POPIA”) and that it has bound its service providers (“Operators”) to a similar standard as required and prescribed by POPIA.
15. APPLICABLE AND GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa, and South African Law governs the use or inability to use this site and these terms and conditions of use. South African courts have jurisdiction in the event of a dispute of any nature whatsoever arising between parties.
16. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
The RUIMSIG ACADEMY may be visited or contacted at the following addresses:
PO Box 2980
Telephone: +27 01 109 5009
Fax: +27 86 601 4138
Email address: email@example.com