Terms and Conditions of Use


1. Definitions

The following words and phrases have these meanings in this Agreement:

1.1. “Agreement” means these Terms and Conditions of Use.

1.2. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002.

1.3. “Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.

1.4. “Media” means photographs, images, vectors, films, videos, animations or other audio / visual media offered for distribution through the Site, and includes portions and adaptations thereof.

1.5. “Site” means the Internet World Wide website at URL www.getsmarter.co.za or such other URL as we may indicate from time to time.

1.6. “Us”, “we”, or “our” means GetEducated (Pty) Ltd t/a GetSmarter, a company incorporated in terms of the company laws of the Republic of South Africa with registration number 2013/058758/07, and also includes reference to our holding company and its subsidiaries.

1.7. “You” or “your” refers to you, or your employer or any other entity or person that you have full legal authority to bind and on whose behalf you may be accepting this Agreement.

2. Use Subject to these Terms and Conditions

2.1. Your use of and access to this Site is at all times governed by this Agreement, and by accessing this Site you agree to adhere to this Agreement. Your agreement to this Agreement will be deemed to have been given on the date when you first accessed this Site.

2.2. If you do not agree to this Agreement, you must cease your access of this Site immediately.

2.3. This Agreement includes our Privacy Policy, which is included by reference.

2.4. Please note that, due to legal and other developments, we may be required to amend this Agreement from time to time without notice. It is your duty to familiarise yourself with the current version of this Agreement. Please refer to the last revision number and date at the top of this document. Continued use of the Site subsequent to any amendments having been affected constitutes your acceptance of this Agreement as amended.

2.5. All students must register online for any online course, and no other method of registration is permitted.

3. Content

3.1. No Offer.

You should regard nothing contained in this Site as an offer, but as an invitation to view our Site and its content, and to enrol in our courses.

3.2. No Warranty on Content.

All information viewed or accessed from this Site is provided “as is” without any warranty, whether express or implied unless you enrol for a course or this is specifically imposed by law.

3.3. Sharing of Content.

Any content on our Site which is subject to Creative Commons Licence, where indicated as such, may be shared provided that it is given the necessary credit in accordance with the provisions of Creative Commons in force from time to time.

3.4. Use at own Risk.

Any use of or reliance on this Site, the contents of this Site or the information provided through this Site will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Site. Any articles, guides or information of any nature provided on this Site is summarised content, and may not be applicable to your particular situation and should therefore not be relied upon solely by you for any purpose.

3.5. No Warranty on Availability.

We do not warrant that this Site or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Site.

4. Third Party Sites

4.1. Content of 3rd Party Sites.

The Site contains hyperlinks to websites owned and / or operated by third parties. We are not responsible for the content of such websites, and do not endorse or approve the contents thereof.

4.2. Disclaimer of 3rd Party Website Content.

We consequently do not accept any liability in connection with any third party websites that may be linked to this Site (regardless of whether or not a link has been permitted by us) and are not responsible for the content of any website that is linked to this Website. The fact that a website is linked to this Site does not imply that we sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for the website.

5. Intellectual Property

5.1. Reservation of Rights.

Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Site is owned by us, and we assert and reserve all of our rights in this regard. Access to or use of this Site will not in any way result in an assignment or license of any intellectual property owned by us or any other party.

5.2. Limited Use.

The contents of this Site may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of this Site on your computer as part of your viewing of the Site only.

5.3. No Other Use.

No other use of this Site or its content is permitted unless you enter into a License Agreement with us. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Site, include the content of this Site in or with any product that you create or distribute, or copy the content of this Site onto your own or another's website, unless as set out in this Agreement.

6. Linking, Framing and Crawling

6.1. Hyperlinking Restricted.

Our express written permission is required before any hyperlink other than to the Home Page of this Site is created. Permission, if granted, will be subject to the condition that the party linking to this Site alerts users to the application of this Agreement. Requests for permission can be emailed to info@getsmarter.co.za

6.2. Permission.

Permission to link to this Site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Site at any time and for any reason.

6.3. Framing Restricted.

Our express written permission, which may be subject to conditions, is required before this Site, any of its pages and/or any of the information contained on the Site is framed. Requests for permission can be emailed to info@getsmarter.co.za

6.4. Automated Searches Restricted.

Apart from legitimate search engine operators and use of the search facility provided on the Site for 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 Site for any purpose without our prior written consent.

7. Acceptable Use.

7.1. Prohibitions.

You agree and acknowledge that you will not use the Site in any unlawful manner or in a manner not approved this Agreement.

8. Security

8.1. No Liability.

While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Site or by destructive data or code that is passed on to you through the use of this Site.

8.2. Prosecution.

We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Site or attempts to gain unauthorised access to any page on this Site.

9. Personal Information

9.1.Privacy Policy.

Further information regarding the manner in which we respect the privacy of your personal information is contained in the Privacy Policy.

10. Disclaimer and Indemnity

10.1. Disclaimer.

We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Site whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.

10.2. Indemnity.

You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action or application or other proceedings, including for attorney's fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the your use of or access to this Site.

11. Owner information

11.1. The following are the details of the Website owner.

Website owner: GetEducated (Pty) Ltd t/a Getsmarter, a company incorporated under the laws of the Republic of South Africa.

Registration number: 2013/058758/07

Registered Address: 2nd Floor Deneb House, 368 c/o Browning and Main Road, Observatory, Cape Town, South Africa.

Tel: 0214477565

Fax: 0214478344

Email: info@getsmarter.co.za

Physical Address: 2nd Floor Deneb House, 368 c/o Browning and Main Road, Observatory, Cape Town, South Africa.

Postal Address: GetSmarter, PO Box 24058, Claremont, Cape Town, 7735

Names of Office Bearers:

- CEO: Samuel Edward Paddock

12. Advertising and sponsorship

12.1. 3rd Party Content.

This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Site complies with all applicable laws and regulations.

12.2. No Liability.

We accordingly exclude, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.

13. Monitoring and interception of data messages

13.1. In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, we may monitor and/or intercept electronic communications such as email which are sent to this Site. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and/or interception and consent to it.

14. Receipt of data messages

14.1. Data messages.

Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to.

14.2. Receipt.

A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

14.3. Right not to respond.

We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.

14.4. Confidentiality.

You agree that data messages sent to this Site will not be regarded as confidential unless otherwise agreed in writing.

15. Disputes

15.1. Arbitration.

Any dispute between the parties arising out of or in connection with your visit to the Site or from this Agreement must be submitted to confidential arbitration. Such arbitration will be held in Cape Town (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.

15.2. Urgent Relief.

The aforegoing will not restrict our right to apply to a competent court for relief should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Cape Division of the High Court of South Africa for such purposes.

16. Interpretation & General

16.1. Whole Agreement.

This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.

16.2. Applicable Law & Jurisdiction.

The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.

16.3. Survival.

For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.

16.4. No Indulgence.

If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.

16.5. Representatives.

The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.

16.6. Severance.

In the event that any part of this Agreement is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of this Agreement.

16.7. Broken Links.

Notwithstanding the fact that hyperlinks in this Agreement to certain documents should be deemed part of this Agreement in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of this Agreement.