Web Site Terms & Conditions
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of BUYS INCORPORATED ATTORNEYS, specialist in Internet and e-commerce law: (021) 461 7387. Web site: www.buys.co.za This document is licensed to INTEC COLLEGE for use on their web site(s) only.
1.1 Persons using the INTEC COLLEGE web site for any reason whatsoever subject themselves to and agree to the terms and conditions of INTEC COLLEGE when accessing the web site as set out below.
1.2 This web site is intended to provide the user with information regarding INTEC COLLEGE, its products offered and/or services rendered.
1.3 Without derogating from the aforegoing, INTEC COLLEGE hereby authorises the user to view, copy, download to a local drive, print and distribute the content of this web site, or any part thereof, provided that:
1.3.1 Such content is used for information and/or non-commercial purposes only; and
1.3.2 Any reproduction of this the content of this web site, or portion thereof, must include the following copyright notice:
© INTEC COLLEGE 2001-2008. ALL RIGHTS RESERVED.
1.4 Users that wish to use content from this site for commercial purposes may only do so with prior written permission.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to INTEC COLLEGE, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
3.1. The full name and legal status of the web site owner is:
International Colleges Group (Pty) Ltd
Company Reg. No. 1995/005010/07
Vat Reg. No. 4300168921
3.1 The full address of the web site owner is detailed hereunder.
3.2 The web site address of this web site is: http://www.intec.edu.za/
3.3 Membership of self-regulatory or accreditation bodies:
INTEC College belongs to the following educational organisations, and, as a member, subscribes to and endorses the principles espoused by these organisations relating to the quality of education provision.
APPETD - Alliance of Private Providers of Education, Training and Development
NADEOSA - National Association of Distance Education Organisations of South Africa.
South African Quality Institute.
Society for Student Counselling in South Africa.
3.4 Codes of conduct to which this web site subscribes: INTEC COLLEGE is a member of the National Association of Distance Education of South Africa (NADEOSA) and subscribes to their code of conduct.
3.6 Physical address for receipt of legal service:
130 Strand Street
3.7. Main business: INTEC COLLEGE is a privately owned provider of distance learning education courses.
3.7 COSTS/PAYMENT METHODS
3.7.1 Posting costs: Shipping/Postage costs are not included in the advertised price on the web site. Students will receive an invoice with their study material detailing the cost of postage.
3.7.2 Taxes: INTEC College is an educational institution and hence product fees are exempt from Value added tax. While INTEC marks all study material shipped outside of the South African borders as educational material (hence no customs duty should be levied) – INTEC College cannot accept responsibility for instances where the destination country requires a customs payment for collection of the material.
3.7.3 Manner of payment: INTEC College will accept the following methods of payment CREDIT CARD, DEBIT CARD, ELECTRONIC TRANSFER, DEBIT ORDER and CHEQUE DEPOSIT.
3.7.4 Records of transactions: A record of the transaction can be obtained via email from the student consultant who processes the enrolment.
4.1 INTEC COLLEGE may remove any service rendered and/or products offered from the web site at its sole discretion.
4.2 An agreement between INTEC COLLEGE and a user shall only comes into effect if and when:
4.2.1 A credit card authorisation is received from an issuing bank; or
4.2.2 An electronic transfer is reflected on INTEC COLLEGE 's bank statement and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
4.2.3 A direct deposit, cheque or cash is reflected on INTEC COLLEGE 's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle; and
4.2.4 An acknowledgement of the transactions concluded has been sent to you, the user.
4.3 INTEC COLLEGE reserves the right to refuse to accept and/or execute an application without giving any reasons therefore. INTEC COLLEGE also reserves the right to cancel an application in whole or in part in INTEC COLLEGE sole and absolute discretion. INTEC COLLEGE shall only be liable to refund monies already paid by the user.
4.4 Alternative dispute resolution: Not applicable
4.5 Cooling-off period: You have the right to return goods or services purchased from this site within 7 days if such goods or services are not listed in section 42 of the Electronic Communications and Transactions Act No. 25 of 2002. This right does not extend to the following goods and/or services:
(a) for financial services, including but not limited to, investment services, insurance and reinsurance operations, banking services and operations relating to dealings in securities;
(b) by way of an auction;
(c) for the supply of foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer.
(d) for services which has begun with the consumer's consent before the end of the seven day period referred to in section 45(1);
(e) where the price for the supply of goods or services is dependent on fluctuations in the financial markets and which cannot be controlled by the supplier;
(f) where the goods—
(i) are made to the consumer's specifications;
(ii) or clearly personalized;
(iii) by reason of their nature cannot be returned; or
(iv) are liable to deteriorate or expire rapidly;
(g) where audio or video recordings or computer software were unsealed by the consumer;
(h) for the sale of newspapers, periodicals and magazines ;
(i) for the provision of gaming and lottery services; or
(j) for the provision of accommodation, transport, catering or leisure services and where the supplier undertakes, when the transaction is concluded, to provide these services on a specific date or within a specific period.
4.6 The users has the right to review, correct and cancel electronic transactions before the user effect payment and/or place an application form.
4.7 The user may lodge a complaint at the Consumer Affairs Committee, as the case may be, if this site does not comply with Chapter VII of the Electronic Communications and Transactions Act and/or this agreement.
4.8 By using this web site or communicating with INTEC COLLEGE by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be “in writing”.
5. CHANGES AND AMENDMENTS
5.1INTEC COLLEGE expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
5.2 INTEC COLLEGE reserves the right to change and amend the prices and rates quoted on this web site without any notice.
5.3 The user undertakes to check INTEC COLLEGE frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
6.1 INTEC COLLEGE protects the user’s privacy:
6.2 No personal information will be disclosed to third parties without the user’s permission or due process.
6.3 INTEC COLLEGE gathers and will be in possession of the following private and personal information:
6.3.1 Information provided by the user voluntarily – this information is used to provide a better service to users; and
6.3.2 Information automatically provided (e.g. cookies) – this information is gathered to better your browsing and interaction with INTEC COLLEGE. Cookies cannot harm your computer or carry viruses.
6.4 By using this web site the User consents to the following:
6.4.1 INTEC COLLEGE may use your personal information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications; and
6.4.2 INTEC COLLEGE may use user’s information for non-personal statistical purposes.6.4.3 INTEC COLLEGE retains the copyright in databases of personal information of users.
7. LINKING AND FRAMING
7.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of INTEC COLLEGE.
7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of INTEC COLLEGE.
8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
8.1 No information or data on this web site is an offer, but merely an invitation to do business.
8.2 No agreements shall be concluded merely by sending a data message to this web site or its owners, valid agreements require an acknowledgement of receipt from this web site.
9. SEARCHING TECHNOLOGY
The use of non-malicious search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from this web site is not permitted if such technology will result in slowing down this web site’ server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 1 hereof.
10. LINKS TO THIRD PARTY SITES
10.1 INTEC COLLEGE may provide links to the user only as a convenience and the inclusion of any link does not imply INTEC COLLEGE ’s endorsement of such sites.
10.2 Linked web sites or pages are not subject to the control of INTEC COLLEGE. INTEC COLLEGE shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site
11. SECURITY OF INFORMATION
11.1 All reasonable steps will be taken to secure a user’s information.
11.2 User’s undertake not to divulge their user name and passwords to any other person
11.3 It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that INTEC COLLEGE should suffer any damage or loss, civil damages will be claimed.
12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, INTEC COLLEGE shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, INTEC COLLEGE makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
12.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with INTEC COLLEGE that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of INTEC COLLEGE and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site
12.4 Neither INTEC COLLEGE nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site
13.1 These Terms and Conditions of Use constitute the entire agreement between INTEC COLLEGE and you, the user of this web site. Any failure by INTEC COLLEGE to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
13.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
14. APPLICABLE AND GOVENERING LAW
This web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions.
15. CONDITIONS OF ENROLMENT FOR NON-COMPUTER USERS
15.1. Course material shall be supplied in parts as tests are submitted to INTEC COLLEGE for correction.
15.2. The Post Office acts as the agent for the user for acceptance and conveyance of all study material or correspondence addressed to the user or to INTEC COLLEGE.
15.3. Postage on everything sent to INTEC COLLEGE is payable by the user.
15.4. The replacement of study materials shall be for the account of the user.
15.5. Study material supplied to users may not be passed on or access given to anyone other than the registered user.
15.6. This application is subject to acceptance by INTEC COLLEGE.
15.7. The user shall be liable for all costs, collection charges and any other disbursements incurred by the College in recovering monies owed.
15.8. Fees charged by INTEC COLLEGE exclude Registration and Exam fees for Institutes and other external bodies.
Fees charged by INTEC College exclude internal and external exam fees
15.9.Certificates/Diplomas will only be issued once the user’s account has been settled in full.15.10. INTEC COLLEGE reserves the right to make an appropriate charge if the examination syllabus is changed involving the supply of additional study material or the correction of extra tests
15.11. INTEC COLLEGE does not accept responsibility for a user’s eligibility or entry for public examinations.
15.12. INTEC COLLEGE guarantees to provide tuition for the period of your valid contract with us.
15.13. Examination Courses (other than Computer Studies): INTEC COLLEGE guarantees to update material for two consecutive exam sittings from the study material issue date, provided that the user is within the contract period.
15.14. If fees are not paid on the due date, and the account falls into arrears of three months or more, the whole amount shall become due and payable immediately and INTEC COLLEGE shall be entitled to charge interest in respect of amounts unpaid on the due date at 2% above the prime rate charged by its bankers.
15.15. INTEC COLLEGE will be entitled to verify the information contained on the user’s Application form and generally make any enquiries it deems necessary.
16. CONDITIONS OF ENROLMENT FOR COMPUTER USERS
16.1. Course material shall be supplied to the user in parts as tests are submitted to INTEC COLLEGE for correction.
16.2. The Post Office acts as agents for the user for the acceptance and conveyance of all study material or correspondence addressed to the user or to INTEC COLLEGE.
16.3. Postage on everything sent to INTEC COLLEGE is payable by the user.
16.4. The replacement of study materials shall be for the account of the user.
16.5. Study material supplied to users may not be passed on or access given to anyone other than the registered user.
16.6. This application is subject to acceptance by INTEC COLLEGE.
16.7. The user shall be liable for all costs, collection charges and any other disbursements incurred by the college in recovering amount/fees owed.
16.8. Fees charged by INTEC COLLEGE exclude Institute Registration and Exam Fees.
16.9. Certificates/Diplomas will only be issued once the user’s account has been settled in full.
16.10. INTEC COLLEGE reserves the right to make appropriate charge if the examination syllabus is changed involving the supply of additional study material or the correction of extra tests.
16.11. INTEC COLLEGE does not accept responsibility for a user’s eligibility or entry for public examinations.
16.12. If fees are not paid on the due date, the account falls into arrears of three months or more, the whole amount shall become due and payable immediately and INTEC COLLEGE shall be entitled to charge interest in respect of amounts unpaid on the due date at 2% above prime rate charged by its bankers.
16.13. INTEC COLLEGE will be entitled to verify the information contained on the user’s application form and generally make any enquiry’s it deems necessary.
16.14. For all Computer courses, the tuition period is two years, and the material update period is six months.
16.15. If you have not specifically indicated that software must be added to your course and you have not specifically added the cost of the software to the course fee, then software is not included with your course.
16.16. INTEC COLLEGE guarantees you updates to all courses for a period of 6 months from registration.
Updates outside contract period will be available at a nominal additional charge.
16.17. Your course will only be updated free of charge in the case of minor product changes e.g. 5.0 to 5.1
and not 5.0 to 6.0.
16.18. INTEC COLLEGE will provide you with tutorial support for a period of 2 years from date of registration. This can be extended at a small monthly fee.
16.19. Course materials can be couriered to you at your own expense.
16.20. Unless otherwise indicated INTEC COLLEGE will dispatch all course material per registered mail within the borders of South Africa.
16.21. INTEC COLLEGE cannot be held responsible for any updates or technical problems regarding software
supplied by us.
16.22. While hardware requirements are specified at the time of enrolment, INTEC COLLEGE cannot be held responsible for changes to these requirements.
17. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
17.1. If you have any questions, queries or wish to request permission to use any part of this web site, including, linking, framing, or searching, please contact us at:
130 Strand Street
P. O. Box 19
Tel: +27 21 417 6700
Fax: +27 21 419 6721
© 2002 BUYS INCORPORATED ATTORNEYS All Rights Reserved