TERMS & CONDITIONS
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Agreement between IT Academy, a division of IT SA Computer Services & Solutions (Pty) Ltd ("Licensor") 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 as referred to in 5 below 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.
The Courses are mapped to some of the Microsoft, CompTIA, Cisco, Java, ITIL and Linux Red Hat international exam objectives which prepare yourself to write the international exams concerned. The Courses and certification provided by the Licensor is in no way whatsoever SAQA and / or NQF accredited.
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.
End User acknowledges and accepts that (a) from time to time the international exams offered by third parties which are concerned with the same or similar subject matter of the Licensed Courseware could be discontinued without notice by such third parties; and (b) the conclusion of this agreement by End User in no manner or means constitutes an entitlement on the part of the End User to write the applicable international exam.
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.
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 Licensorís 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 fulfilment 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 issuerís 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 LICENSORíS 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.
12. LIMITS OF LIABILITY: IN NO EVENT WILL LICENSOR OR LICENSORíS 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 OR ACCESS AND USE THE COURSES, 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.
13. TERMINATION: Upon the violation of any of the provisions of this Agreement, your right to access the Services shall automatically terminate.
14. 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.
15. 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.