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Terms and Conditions

WEBSITE TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE EASTCAPE TRAINING CENTRE WEBSITE OR ANY PART THEREOF (THE EASTCAPE TRAINING CENTRE WEBSITE) IN TERMS OF SECTION 11(3) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE EASTCAPE TRAINING CENTRE WEBSITE immediately, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

DEFINITIONS AND INTERPRETATION

a) “ETC” means Eastcape Training Centre, a company duly incorporated in accordance with the Companies Act 61 of 1973, as amended;

b) “Eastcape Training Centre website” means the Eastcape Training Centre website located at www.etc.org.za and includes any part or element thereof;

c) “User” means any person who enters or uses the Eastcape Training Centre website, notwithstanding the fact that such a person only visited the home page of the Eastcape Training Centre website;

d) References herein to the singular include the plural and vice versa; and

e) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.

1. GENERAL

Eastcape Training Centre website is private Further Education and Training College, provisionally registered with the Department of Education in the Eastern Cape. It is also a registered Non-Profit Organization and is governed by a Board of Directors.

2. ALLOWED USE AND LICENSE

2.1 ETC licenses the User to view, download and print the content of the Eastcape Training Centre website, provided that such content is used for personal, educational and/or non-commercial purposes only;

2.2 Content from the Eastcape Training Centre website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of ETC;

2.3 Users may only access and use the Eastcape Training Centre website for legal purposes;

2.4 The caching of the Eastcape Training Centre website shall only be allowed if:

2.4.1 The purpose of the caching is to make the onward transmission of the content from the Eastcape Training Centre website more efficient;

2.4.2 The cached content is not modified in any manner whatsoever;

2.4.3 The cached content is updated at least every 12 (twelve) hours; and

2.4.4 The cached content is removed or updated when so required by ETC.

2.5 If any User uses content from the Eastcape Training Centre website in breach of the provisions detailed herein:

2.5.1 ETC reserves the right to claim damages from the User;

2.5.2 ETC reserves the right to institute criminal proceedings against the User; and

2.5.3 ETC shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6 Hyperlinks to the Eastcape Training Centre website from any other source shall be directed at the home page of the Eastcape Training Centre website. ETC shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the Eastcape Training Centre website, if such content was accessed through a hyperlink not directed at the home page of the Eastcape Training Centre website. Persons that wish to link to content beyond the home page of the Eastcape Training Centre website shall do so at their own risk and indemnify ETC against any loss, liability or damage that may result from the use of content from the Eastcape Training Centre website, if such content was accessed through a hyperlink not directed at the home page of the Eastcape Training Centre website;

2.7 No person may frame the Eastcape Training Centre website, in any manner whatsoever, without the prior written consent of ETC;

2.8 Apart from bona-fide search engine operators and use of the search facility provided on the Eastcape Training Centre website by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Eastcape Training Centre website for any purposes, without the prior written consent of ETC; and

2.9 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by ETC at any time without giving reasons therefore.

3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

All intellectual property on the Eastcape Training Centre website, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to ETC and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Eastcape Training Centre website are expressly reserved.

4. SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts required to access the Internet and the Eastcape Training Centre website and/or download content from this website.

5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the Eastcape Training Centre website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and ETC has the duty to disclose the following information:

5.1 The full name and legal status of the website owner: Eastcape Training Centre;

5.2 Company Registration Number: 1999/020185/08;

5.3 VAT registration number: 4600197638;

5.4 Street address: Spondo Street, Struandale, Port Elizabeth, 6001, South Africa;

5.5 Postal address: P O Box 14082, Sidwell, 6061, South Africa;

5.6 Physical address for receipt of legal service: Spondo Street, Struandale, Port Elizabeth, 6001, South Africa

5.7 Telephone Number: +27 (0) 41 456 1616;

5.8 Directors:

Messrs RP King (Chairperson), DSD Makanda (Deputy Chairperson), RP Jonas (CEO), AA Da Costa, CA Townsend, KA Kramer, ME Bobani, ML Gomomo, MX Tshayana, Ms PNN Mtila

5.10 Company Secretary: Mr Randolph Jonas

5.11 Main business: The Eastcape Training Centre (ETC) is a highly competent & fully accredited training provider that offers practical & technical skills. We are a provisionally registered FET College (with Department of Education) & accredited with various Sector, Education & Training Authorities (SETAs) such as MerSETA, CETA, ETDP SETA, CHIETA, TETA & Services SETA.

We are also fully accredited in terms of the South African Qualification Authority (SAQA) and a level 3 BBBEE company.

Learning & skills programmes offered for a particular industry or sector is accredited by the relevant SETA ETQA. The qualifications in various sectors are offered up to NQF Level5. It is also a Non-Profit Organization and is governed by a board of Directors (mentioned above). Its primary operations are in the Eastern Cape, South Africa. A dynamic group of training and admin staff ensure we provide an outstanding level of service to our customers. ETC customers include government, organized commerce and industry, and individuals, who identify the need to train their personnel to skill levels which will give their organizations a competitive advantage; National, Provincial and Local Government, as well as skills training needs within communities

5.12 The website address of the Eastcape Training Centre website is: www.etc.org.za

5.13 The official email address of the Eastcape Training Centre website is: training@etc.org.za

5.14 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.15.1 Access to the Eastcape Training Centre website;

5.15.2 The inability to access the Eastcape Training Centre website;

5.15.3 The services and content available from the Eastcape Training Centre website; or

5.15.4 These terms and conditions,

Shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Port Elizabeth in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.

5.16 The costs associated with the access and uses of the Eastcape Training Centre website are as follows: Free;

5.17 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website; and

5.18 Users may lodge complaints concerning the Eastcape Training Centre website by contacting marketing@etc.org.za Users hereby assign the copyright in such complaints to Eastcape Training Centre and understand that Eastcape Training Centre may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.

6. CHANGES AND AMENDMENTS

Eastcape Training Centre expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1 change these terms and conditions;

6.2 change the content and/or services available from the Eastcape Training Centre website;

6.3 discontinue any aspect of the Eastcape Training Centre website or service(s) available from the Eastcape Training Centre website; and/or

6.4 change the software and hardware required to access and use the Eastcape Training Centre website.

7. PRIVACY

7.1 Eastcape Training Centre shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA);

7.2 Eastcape Training Centre may electronically collect, store and use, amongst other, the following personal information of Users:

7.2.1 Name and surname;

7.2.2 Contact details;

7.2.3 Non-personal browsing habits and click patterns;

7.2.4 Email address; and

7.2.5 IP address.

7.3 Eastcape Training Centre collects stores and uses the abovementioned information for the following purposes:

7.3.1 Communicate requested information to the User;

7.3.2 Newsletter database;

7.3.3 Registration and / or authentication of Users; and

7.3.4 To compile non-personal statistical information about browsing habits, click- patterns and access to the Eastcape Training Centre website;

7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings;

7.5 Eastcape Training Centre may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1 Eastcape Training Centre shall not disclose personal information from Users unless the User consents thereto;

7.5.2 Eastcape Training Centre shall disclose information without the User’s consent only through due legal process; and

7.5.3 Eastcape Training Centre may compile, use and share any information that does not relate to any specific individual; and

7.6 Eastcape Training Centre owns and retains all rights to non-personal statistical information collected and compiled by Eastcape Training Centre.

8. HYPERLINKS TO THIRD PARTY SITES

8.1 Eastcape Training Centre may provide hyperlinks to websites not controlled by Eastcape Training Centre (target sites) and such links do not imply any endorsement, agreement on or support for the content of such target sites; and

8.2 Eastcape Training Centre does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

9. SECURITY

9.1 Eastcape Training Centre shall take all reasonable steps to secure the content of the Eastcape Training Centre website and the information provided by and collected from Users from unauthorized access and/or disclosure. However, Eastcape Training Centre does not make any warranties or representations that content shall be 100% safe and secure;

9.2 Eastcape Training Centre is under no legal duty to encrypt any content or communications from and to the Eastcape Training Centre website and is also under no legal duty to provide digital authentication of any page on the Eastcape Training Centre website;

9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the Eastcape Training Centre website or the server and computer network that support the Eastcape Training Centre website;

9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the Eastcape Training Centre website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Eastcape Training Centre harmless against any and all liability, damages and losses Eastcape Training Centre and its partners / affiliates may suffer as a result of such damaging code;

9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Eastcape Training Centre website and Eastcape Training Centre reserves the right to claim damages any and all persons concerned with a security failure or breach; and

9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by Eastcape Training Centre and its partners / affiliates.

10. DISCLAIMER AND LIMITATION OF LIABILITY

10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Eastcape Training Centre (including its owners, directors, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1 Access to the Eastcape Training Centre website;

10.1.2 Access to websites linked to the Eastcape Training Centre website;

10.1.3 Inability to access the Eastcape Training Centre website;

10.1.4 Inability to access websites linked to the Eastcape Training Centre website;

10.1.5 Content available on the Eastcape Training Centre website;

10.1.6 Services available from the Eastcape Training Centre website;

10.1.7 Downloads and use of content from the Eastcape Training Centre website; or

10.1.8 Any other reason not directly related to Eastcape Training Center’s gross negligence.

10.2 The Eastcape Training Centre website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with Eastcape Training Centre, that the content available from and through the Eastcape Training Centre website meets the User's individual requirements and is compatible with the User's computer hardware and/or software;

10.3 The content and/or information contained on this site are provided for Users informational and educational convenience only;

10.4 Eastcape Training Centre does not make any warranties or representations that content and services available from the Eastcape Training Centre website will in all cases be true, correct or free from any errors. Eastcape Training Centre shall take all reasonable steps to ensure the quality and accuracy of content available from the Eastcape Training Centre website and encourage Users to report incorrect and untrue information subject to the right of Eastcape Training Centre to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website; and

10.5 Eastcape Training Centre does not make any warranties or representations that the Eastcape Training Centre website shall be available at all times. Users acknowledge that the Eastcape Training Centre website may be unavailable due to updates or other causes beyond the reasonable control of Eastcape Training Centre, including, but not limited to virus infection, unauthorized access, power failure or other “acts of God.”

11. REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Eastcape Training Centre website to Eastcape Training Centre and Eastcape Training Centre undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. INTERCEPTION OF COMMUNICATIONS

12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Eastcape Training Center’s right to intercept, block, filter, read, delete, disclose and use all communications sent or posted by the User to the Eastcape Training Centre website, its staff and employees; and

12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. ENTIRE AGREEMENT AND SEVERABILITY

13.1 These terms and conditions constitute the entire agreement between Eastcape Training Centre and the User and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by Eastcape Training Centre from the User;

13.2 Any failure by Eastcape Training Centre to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision; and

13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and Eastcape Training Centre agree that:

14.1 The User shall be bound to these terms and conditions and such agreement is concluded in Port Elizabeth (South Africa) at the time the User enters the Eastcape Training Centre website for the first time;

14.2 data messages (as defined in the ECT Act) addressed by the User to Eastcape Training Centre shall only be deemed to have been received if and when responded to and an automated response is not a response for this purpose;

14.3 data messages (as defined in the ECT Act) addressed to the User by Eastcape Training Centre shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4 data messages (as defined in the ECT Act) addressed by the User to Eastcape Training Centre shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and Eastcape Training Centre; and

14.6 The User agrees and warrants that data messages that are sent to Eastcape Training Centre from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorized by the User personally.

15. APPLICABLE AND GOVERNING LAW

Subject to clause 5.5, the Eastcape Training Centre website is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Eastcape Training Centre website, its content, services and these terms and conditions.

16. LEGAL COSTS

Eastcape Training Centre shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

You may print this page for your own records.

Email Disclaimer

EMAIL LEGAL NOTICE

•This email legal notice is enforceable and binding on the recipient / addressee in terms of sections 11(1) to 11(3) of the Electronic Communications and Transactions (“ECT”) Act 25 of 2002, as amended.

•This email transmission and all attachments and accompanying documents (“this message”) may contain confidential, commercially sensitive, proprietary, private, personal and legally or otherwise privileged information and everything in this message relating to the official business of Eastcape Training Centre and/or any one or more of its subsidiaries (“Eastcape Training Centre”) is the property of Eastcape Training Centre. Eastcape Training Centre does not own or endorse any other content in any other email.

• The person, designated as the recipient, who may not be the same person as the addressee, is the sole authorized recipient of this message and this message is intended for the exclusive use of this authorized recipient. No person, other than the authorized recipient (so indicated by the sender) may use or disclose the contents of this message, links or attachments hereto, to any person whatsoever. Unauthorized disclosure and/or use may result in civil and criminal liability.

•The information in this message, links or attachments thereto is intended for the attention and use of the addressee only - if you are not, or if you believe that you may not be, the intended addressee or authorised recipient, you are hereby notified that any disclosure, copying or distribution of the message or the contents or part of the contents of this message or the taking of any action in reliance thereon or pursuant thereto, is strictly prohibited, unauthorized,. Should you have received this message or any part thereof in error, please delete and destroy it immediately and notify the sender forthwith.

• The email address of the sender may not be used, copied, sold, disclosed, shared or incorporated into any database or mailing list for spamming and/or other online marketing practices without the prior consent of the sender and/or Eastcape Training Centre.

• Eastcape Training Centre cannot and does not guarantee the reliability of communication by electronic mail, as this method of communication and transmission is subject to interception, corruption, delay and various other vulnerabilities. This message may arrive incomplete, contain viruses or may be affected by other interferences and may, therefore, compromise your systems and/or electronic and/or telecommunication devices. Although Eastcape Training Centre has taken reasonable steps to reduce the risks of viruses and other interferences or vulnerabilities, Eastcape Training Centre does not accept any liability for any damage suffered or loss sustained as a result of the transmission of this message or its effect on or compromising of any systems and/or electronic and/or telecommunication devices of whatsoever nature.

No warranty is hereby given by Eastcape Training Centre that the full content, integrity, security or formatting of this message have been maintained through transmission or that it is free of any viruses, other defects or errors of whatsoever nature. Under no circumstances shall Eastcape Training Centre or the sender of this message be liable to any party for any direct, indirect, special or consequential damages, including, without limitation, any loss of profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Eastcape Training Centre or the sender of this email has been expressly advised of the possibility of such damages.

• Any agreements concluded with Eastcape Training Centre by using electronic correspondence shall only come into effect once Eastcape Training Centre indicated such contract formation in a follow up or return communication and always subject to the requirements of the ECT Act and contract law in general.

• No email correspondence sent to Eastcape Training Centre shall be deemed to have been received until Eastcape Training Centre has responded thereto. An auto-reply shall not constitute such “response” for purposes of this clause. Return email messages blocked by Eastcape Training Centre’s virus detection and/or filtering applications shall not be deemed to have been received by Eastcape Training Centre and/or the addressee.

• No warranties are made or implied that any employee and/or contractor of Eastcape Training Centre is or was authorized to create and send this message.

• Eastcape Training Centre reserves the right to intercept, filter, view, block, delete, access, copy, read and act upon this message and all email messages sent as reply messages to this message or the address of the sender.

• Insofar as the content of this message is original and subject to copyright, In terms of the Copyright Act, 98 of 1978, as amended, neither the message nor the relevant part of this message may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, electronic scanning, recording or by any information storage or retrieval system, without the permission in writing from the proprietor, Eastcape Training Centre or the author of this message, as the case may be. The authorized recipient / addressee is hereby given permission to open and read the message and/or attachments only – all other rights are reserved unless so indicated by the sender and/or Eastcape Training Centre.

The views and opinions expressed in this message do not necessarily reflect the views and/or opinions of Eastcape Training Centre. If this message is used for purposes unrelated to the official business of Eastcape Training Centre, Eastcape Training Centre shall not be liable for any damage, liability, infringement or loss caused by the contents of this message and the sender shall take full responsibility therefore in his/her sole and personal capacity.

Subject to urgent and interim relief, all disputes and/or disagreements and/or damages and/or liabilities, in any manner related to the:

Interpretation, validity, access to and enforceability of this email legal notice;

Content (including message headers, links and/or attachments) of this email message;

The time and place this email was sent and/or delivered; and/or

The identity of the sender shall be referred to urgent and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa and such arbitration shall be conducted in Johannesburg in English.

•The law of South Africa shall govern this message and legal notice.

•Information disclosures required by law:

Full name: Eastcape Training Centre

Company Registration Number: 1999/020185/08;

Street address: Spondo Street, Struandale, Port Elizabeth, 6001, South Africa

Postal address: P O Box 14082, Sidwell, 6061 South Africa;

Board of Directors: Messrs RP King (Chairperson), DSD Makanda (Deputy Chairperson), RP Jonas (CEO), AA Da Costa, CA Townsend, KA Kramer, ME Bobani, ML Gomomo, MX Tshayana, Ms PNN Mtila

Website Address: www.etc.org.za

Website Terms and Conditions: Click here to view the Eastcape Training Centre Website Terms and Conditions;

•This email legal notice shall at all times take precedence over any other email disclaimer(s) attached to return emails addressed to any person with an Eastcape Training Centre email account.

•Please contact the following person should you have any questions regarding this email legal notice: marketing@etc.org.za