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TERMS &
CONDITIONS
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Agreement between IT Academy, a
division of IT SA Computer Services & Solutions (Pty) Ltd and the
End User, being a private individual or the representative of a
single company, institution or entity and hereinafter referred to as
“yourself”,
1.
ACCEPTANCE:
This is an Agreement between yourself and IT Academy relating to
access to those Services purchased by yourself. This Agreement goes
into full effect (the “Effective Date”) after you have accepted the
terms of this Agreement. Only those terms set forth in this
Agreement related to the Services purchased by you shall be
applicable to yourself.
2.
TERM:
The term of this Agreement shall commence on the Effective Date and
shall continue, run concurrently with, and terminate with the
Services purchased by yourself. (“Term”). Once the Term ends, this
license will automatically terminate and you will no longer have
access to the Services.
3.
TITLE:
Licensor or its suppliers are the exclusive owners of the Services.
Title to the Services, or any copy, modification or merged portion
of the Services, shall at all times remain with Licensor
or its suppliers.
4.
SUBSCRIPTIONS:
A “Subscription” is the right for a single natural person to access
and use the Services. The number of Subscriptions authorized under
this Agreement (“Licensed Subscriptions”) is equal to the number of
unique Identification Numbers issued to you by Licensor. Each
Licensed Subscription (and its associated Identification Number) can
be assigned to only one person at a time, and is not transferable
from one individual to another except when an individual terminates
employment with you. Only persons to whom Licensed Subscriptions
(and associated Identification Numbers) are assigned can access and
use the Services.
5.
LICENSE:
For each Licensed Subscription, the Licensor grants to yourself,
only for your internal business purposes, a temporary,
non-exclusive, non-transferable license to access those of the
following Services purchased by yourself, which are more fully
described below:
(a)
Licensed Courseware. You are hereby granted the right to access
and use the Courses which you have selected at Internet URLs
specified by Licensor from time to time. The Courses, HIPAA
Courses, French Courses, Health & Safety Courseware and the Business
Skills Video Courses are sometimes referred to herein collectively
as the “Courses”. Plug-ins and other executable files downloaded to
you when you display the Courses may be used following the end of
the Term, but only for the use of the person to which the Licensed
Subscription was assigned as of the end of the license term.
(b)
Instant Mentoring. You are hereby granted the right to use the
Instant Mentoring Services according to the terms further expressed
below.
6.
RESTRICTIONS:
You may not: (a) sublicense, assign, transfer, distribute or rent
the Services; (b) use, copy or modify the Services, in whole or in
part, except as expressly permitted in this Agreement; (c) permit
access to the Services by more persons than the number of Licensed
Subscriptions; (d) transfer a Subscription (and associated
Identification Number) from one individual to another (except upon a
termination of employment) or permit persons other than the
individuals to whom Subscriptions (and Identification Numbers) have
been assigned to access the Services; (e) take any action designed
to unlock or bypass any restrictions on number of users or access to
the Services; or (d) access any of the Services after the end of the
license term. There are no implied licenses. You agree not to
exceed the scope of the licenses granted herein.
7.
INSTANT MENTORING:
(Available as an optional extra at additional cost)
The
following terms apply to your use of the Instant Mentoring Services:
(a)
Instant Mentoring Services consist of certain online support
provided to you through the Internet. Online support will be
provided through designated dialog window and message boards
established for one or more series of Courses. You will be
presented a dialog window when accessing a Course through the
Internet. Subject to the limitations set forth below, each dialog
window generally will be monitored by an online mentor. Each dialog
window will allow you to communicate with the online mentor and
other end users participating in the designated dialog window. You
may submit subject matter questions to the online mentor through the
dialog window or post questions directly to the message board.
Online mentors will use commercially reasonable good faith efforts
to respond to appropriate subject matter questions submitted by
you. Questions that cannot be resolved online, or that are
submitted through the message board, will be referred to subject
matter experts for resolution offline. Answers to questions
resolved offline will be posted to the appropriate message board.
Licensor will use its commercially reasonable good faith efforts to
post, on the appropriate message board, responses to all questions
that cannot be resolved online or that are submitted through a
message board. Offline resolution times will generally range from
twenty-four (24) to forty-eight (48) hours of the receipt of the
question.
(b)
Subject to the limitations provided herein, the Instant Mentoring
Services generally will be available 24 hours per day, seven days
per week. Except for scheduled down time, dialog windows will be
available 24 hours per day to permit communication among end users
participating in the dialog windows. Online mentors will not be
available during certain times or under the following circumstances:
(i) during one or more shifts on recognized public holidays in the
United States, the United Kingdom and Singapore; (ii) during the
holiday period commencing on December 24 and ending on the first
business day in January; (iii) during non-business hours in the
United States with respect to certain less popular Courses; (iv)
with respect to certain Courses where providing substantive
responses may constitute the unauthorized practice of law, medicine
or other profession which is regulated by a state or states; and (v)
with respect to selected older versions of some Courses.
(c)
Licensor reserves the right to establish, from time to time, Rules
of Conduct that will govern all postings, inquiries, questions and
other material of any sort submitted through a dialog window or
posted to a message board. Such Rules of Conduct, if and when
established, shall be posted on a designated Licensor website or
will otherwise be made available to you for your review.
(d)
Instant
Mentoring Services are provided by Licensor through a contract with
a third party provider and are provided on a best endeavours basis.
Neither Licensor nor its third party provider shall have any
liability whatsoever with respect to the Instant Mentoring Services.
(e)
Instant Mentoring Services are available only in the English
language and only in conjunction with the purchase of the
Courseware.
8.
EQUIPMENT & APPLICATION REQUIREMENTS
P500+
Processor, 128Mb of RAM, Minimum Screen resolution 800 x 600,
Windows 2000, 2003, XP and Vista. 56K Minimum Internet onnection;
broadband (256kbps or higher) recommended.
Internet
Explorer 5.5 or higher, Sound card with speakers or
headphones strongly recommended,
Windows Media
Player 9.0 or higher,
Flash 8.0
or higher,
Java
standard edition,
.JavaScript,
DHTML and cookies must be enabled and Pop-up blocking software must
be disabled - Go to Internet Explorer, click on Tools, Internet
Options, Privacy.
9.
HEALTH & SAFETY COURSEWARE:
These supplemental terms apply to your use of the Health & Safety
Courseware: The Health & Safety Courseware was developed and is
supplied by Frontline Data Solutions, Inc.
Any support issues beyond use and
operation of the Courseware will be routed to Frontline Data
Solutions for resolution. Their technical support is
available weekdays from 8:00 a.m. to 4:30 p.m. (Central Standard
Time). Frontline Data Solutions technical support telephone number
is 979-285-3650.
10.
CHARGES AND PAYMENT:
You agree to pay all charges for your use of the Services in the
currency in which the charges are billed and at the prices displayed
to you as of your selection of the Services. All charges are
payable in full and are non refundable under any circumstances and
are inclusive of value added taxes, sales or other taxes, which you
agree to pay. Payment must be made in advance unless otherwise
separately arranged in writing, by EFT or bank transfer, debit
order or credit card designated by you for the Licensor’s use during
the Services registration process, and access charges are payable on
the Effective Date. If payment is not received from you or your
agent, IT Academy has the right to suspend services until such time
as payment has been brought up to date, however any such time lost
as a result of such suspension will not be credited to yourself. You
agree to pay all amounts due upon demand of Licensor and the person
signing these terms & conditions on your behalf hereby binds himself
as surety and co-principal debtor for the due fulfillment of the
charges together with such interest as may be applicable from time
to time in the event of late payment. In the event payment is made
by credit card, your card issuer’s agreement governs your use of
your designated card, and you must refer to that agreement and not
this Agreement with respect to your rights and liabilities as a
cardholder.
You
hereby give IT Academy permission to perform a credit check.
11.
WARRANTY:
EXCEPT AS OTHERWISE EXPRESSLY
STATED HEREIN THE SERVICES AND THEIR CONTENT ARE PROVIDED "AS IS"
AND THERE ARE NO WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED,
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OF TRADE) FOR THE SERVICES. THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, NONINFRINGEMENT, PERFORMANCE, ACCURACY, AND
EFFORT IS WITH YOU, THE USER. LICENSOR AND LICENSOR’S DIRECT AND
INDIRECT SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PURPOSE,
PARTICULAR, SPECIFIC OR OTHERWISE, OR NONINFRINGEMENT OF THIRD-PARTY
INTELLECTUAL PROPERTY RIGHTS. THESE DISCLAIMERS CONSTITUTE AN
ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
Licensor
does not warrant that the functions contained in the Services will
meet your requirements or expectations or that the operation of the
Services will be entirely error free.
14.
LIMITS
OF LIABILITY: TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
LICENSOR OR LICENSOR’S DIRECT OR INDIRECT SUPPLIERS BE LIABLE TO YOU
FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER
INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR
INABILITY TO USE THE SERVICES, EVEN IF LICENSOR HAD BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS OF LIABILITY
CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
15.
TERMINATION:
Upon the violation of any of the provisions of this Agreement, your
right to access the Services shall automatically terminate.
16.
EXPORT LIMITATIONS:
None of the Services or underlying information or technology may be
displayed, downloaded or otherwise exported or re-exported (i) into
(or to a national or resident of) any country to which the U.S. has
embargoed goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By agreeing to the terms of this
Agreement, you are agreeing to the foregoing and you are
representing and warranting that you are not located in, under the
control of, or a national or resident of any such country or on any
such list.
17.
GENERAL:
If any provision of this Agreement is held to be unenforceable, the
enforceability of the remaining provisions shall in no way be
affected or impaired thereby. This Agreement shall be governed by
the local laws of the Republic of South Africa.
Signed at
....................................................................this...............day
of ................................... 20............
.................................................................................
Name & ID Number
..................................................................................
Signature
.................................................................................
Company (where signing on behalf of a company)
...........................................................................
Company Registration No. |
