1. “Terms and Conditions”
1.1. This page (together with the documents referred to on it) constitutes the terms and conditions on which Immersion UX offers courses, workshops, programmes and products (“courses”) available via Class Room, Online or Self Study modules.
1.2. Please read these Terms and Conditions carefully before applying to register for any of the courses on our Immersion Learn division. By applying to register for any of the courses, you agree to be bound by these Terms and Conditions.
1.3. For purposes of these Terms and Conditions, “the course/s” shall mean those courses, workshops, programmes and products as described on our site and more specifically the relevant course, workshop, programme or product that you register for or purchase.
2. Information about Immersion UX
2.1. You are entering into a contract with Immersion UX (Pty) Ltd, registration number: 2012/153624/07 (hereinafter referred to as “Immersion UX” and/or “we” and/or “us”).
3. Your Status
3.1. By enrolling for a course through our site, you warrant that:
3.2. You are legally capable of entering into binding contracts; and
3.3. You are at least 18 (eighteen) years old.
4.1. The courses available for enrolment and purchase are as they are described on our site from time to time, except in cases of obvious error.
5. Enrolment and Registration
5.1. Immersion UX may in its sole discretion determine different levels of difficulty of courses. This determination will be included in the course description itself. Immersion UX makes no representations and gives no guarantees whatsoever about participant’s suitability for a particular course based on the levels of difficulty and/or complexity of and/or any pre-requisites for participation in the courses. Should you have questions about the level of difficulty of a course, you must address Immersion UX in writing, prior to enrolment for such a course in order to satisfy yourself that the course is suitable for your and/or the participants’ ability and Immersion UX shall accept no responsibility in this regard. Immersion UX may in its sole discretion elect to use its reasonable endeavours to attempt to cater for any special learning needs and/or disabilities that you may have but you hereby accept and agree that Immersion UX shall be under no obligation whatsoever to make any such provisions and/or exceptions for you and you hereby agree to hold Immersion UX and its members, directors, employees and agents completely harmless for any claims relating hereto.
5.2. In order to enrol and register for a course, you must complete the registration form and complete all information required by Immersion UX.
5.3. Immersion UX will stipulate the date on which registration of course/s closes and Immersion UX will not be obliged to accept applications for registration which are submitted after the closing date of the relevant course.
5.4. As part of the registration process, Immersion UX will invoice you and you are required to make payment in accordance with paragraph 6 below.
6. Price and Payment
6.1. The price for the course/s will be as quoted on our site from time to time, except in cases of obvious error.
6.2. The prices as quoted on our site include Value Added Tax (“VAT”) which is charged – where relevant – at the prevailing rate.
6.3. Immersion UX will issue an invoice to you for the course, the terms of which will be stipulated in these Terms and Conditions
6.4. When you register for the programme you agree to pay the applicable programme fee in full 15 (Fifteen) days before the start date of the programme. The displayed price will reflect in South African Rands unless otherwise stipulated.
6.5. Immersion UX method of payment is by Electronic Fund Transfer (EFT) into the following bank account:
First National Bank. Branch: The Glen. Branch Code: 259605. Account Number: 62373021262. Account Name: Immersion UX (PTY) LTD.
Proof of payment must be sent to email@example.com
7. Cancellation and Deferrals
7.1. Cancellation by Immersion UX
7.1.1. Immersion UX may, in its sole discretion elect to discontinue any of the courses by giving notice to you. In the event of such a cancellation, Immersion UX shall refund the amount made by you in full within 30 (thirty) days of such cancellation and you agree that you shall hold Immersion UX and its members directors, employees and agent completely harmless in respect of any claims which arise out of such cancellation by Immersion UX.
7.1.2. Immersion UX may terminate your participation from any course where you are found guilty of plagiarism (as provided for in paragraph 11.3 below) and/or of contravening any of the other Terms and Conditions. In the event of a cancellation of your participation in terms of this paragraph 9.1.2, Immersion UX shall not be liable to you for any refund of any amounts paid by you or any compensation of any kind in respect hereof.
7.2. Cancellations by you
7.2.1. If you wish to cancel your Programme registration, you will need to contact your Programme Coordinator to discuss your intention. Your Programme Coordinator will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the cancellation, you will be required to complete and submit a cancellation of registration form, which will be provided to you by your Programme Coordinator. Request of refunds may take a minimum of 4 weeks to process from the received date.
You will be entitled to a full refund of your Programme fee if you request cancellation of registration with your Programme Coordinator one month before the release of the Module. 50% will only be refunded 2 weeks before the release of the module. No refunds will be processed after 2 weeks.
8. No liability for Lack of Access
8.1. Immersion UX shall use reasonable endeavours to ensure that the online availability in respect of the online course platform is available at all times. However, Immersion UX gives no undertakings or guarantees that its site and/or the platform through which the courses are provided will be available and error free at all times and Immersion UX shall not be held responsible for any loss, disruption of or interruption in your participation in the course and any damage or loss resulting therefrom caused either by any technical error with its site and/or any other website and/or by your computer and/or as a result of a disruption of your access to the internet.
8.2. Immersion UX shall use all reasonable endeavours to ensure that its course convenors are available to address your questions between 09h00 and 17h00 on Mondays to Fridays (South African time, GMT +2) but cannot be held responsible for any failure to be available where such failure is outside of the reasonable control of Immersion UX.
8.3. Immersion UX is not responsible for technical support of any external websites and where you are required to use external websites in connection with the course, you are required to contact the support services of those external websites directly.
8.4. Where videos or other mediums are used as part of the course, you may be required to have Adobe Flash Player installed to view the video/s. Note that if you are making use of a slower internet connection, your attempt to view the video may be problematic.
9. Course Rules and Participant’s Obligations
9.1. All participants in the courses are required to comply with all the course rules as may be stipulated by Immersion UX from time to time.
9.2. In the event of a participant failing to comply with any of the course rules or doing anything in contravention of the Terms and Conditions, Immersion UX shall, in its sole discretion be entitled to suspend and terminate the participation in the course and shall have no obligation to refund you any of the amounts paid. In the event of a participant electing to re-register for the course, the full amount for the course shall be due.
9.3. Amongst other obligations on participants in Immersion UX’s course, all participants are specifically warned against plagiarism. For purposes of these Terms and Conditions, “plagiarism” shall mean the description of plagiarism as given on the website of the University of Cape Town at http://www.uct.ac.za/downloads/uct.ac.za/about/policies/plagiarism_students.pdf, namely: “the act of presenting work belonging to another person as your own. This includes but may not be limited to: lifting another person’s ideas or words without acknowledgement, whether or not that person knows of or has given permission to use the work without acknowledgement; submitting as one’s own, work which one has copied, whether in whole or in part, from anybody else, and irrespective of whether that copied work is published or unpublished, from the web or from another student (past or present) or a family member; acknowledging a source but not indicating that one has quoted verbatim (i.e. word for word); indicating, via quotation marks, that some words have been taken directly from another author, but without acknowledging the source by providing the necessary citation details; and/or preserving the general structure of a sentence, paragraph or other unit of work authored by somebody else, making minor grammatical, structural or word changes (i.e. editing someone else’s work)”.
9.4. In the event of a participant being uncertain as to whether any of their work constitutes plagiarism, they are required (prior to submission to Immersion UX of such work) to discuss it with their course convenor.
9.5. If you are found guilty of plagiarism (as determined by Immersion UX in its sole discretion, to be exercised reasonably), Immersion UX reserves the right to give you 1 (one) warning and if repeated by you at any time in the future, Immersion UX reserves the right to suspend and/or expel you from the course with immediate effect. Immersion UX shall not be liable to you for any refund of any amount paid by you or any compensation of any kind in respect hereof.
9.6. In the event that your company registered you for the course, Immersion UX shall be entitled to advise your employer of your plagiarism and subsequent suspension and/or expulsion.
10. Communication with Immersion UX, Submission of Course Work and Applications for Extensions
10.1. Whilst Immersion UX gives no undertakings or guarantees in regards to its response time, Immersion UX shall use its best endeavours to respond to any participant’s emails within 24 (twenty four) working hours (excluding weekends or public holidays).
10.2. Immersion UX will communicate with any participant in the course (including but not limited to, due dates for assignments, marks, updates etc) via email to the email address submitted upon registration. You are required to ensure that you check your emails on a regular basis and Immersion UX shall not be liable for any problems resulting in your failure to receive email/s from it.
10.3. Immersion UX will advise participants of the due date for assignments and/or any course work submissions due.
10.4. In the event that a participant wishes to apply for an extension for the submission of any assignment, you are required to give Immersion UX 24 (twenty four) hours written notice prior to the due date for any submission and the decision to grant an extension shall be in Immersion UX’s sole discretion and without any obligation to do so.
11. Acceptable use of our Site and the Learning Material
11.1. As a user of the site and/or of the learning centre (which may include forums) you are required to comply with the following rules:
11.2. You may use our site and/or the learning material, for lawful purposes only. You may not use our site and/or the learning material:
11.2.1. in any way that breaches any applicable local, national, or international law or regulation;
11.2.2. in any way which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
11.2.3. for the purposes of harming or attempting to harm any person in any way;
11.2.4. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
11.2.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
11.2.6. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
11.3. You also agree:
11.3.1. Not to reproduce, duplicate, copy or re-sell any part of our site or learning material in contravention of the provisions of our terms of website use.
11.3.2. Not to access without authority, interfere with, damage or disrupt:
11.3.3. any part of our site and/or the learning material;
11.3.4. any equipment or network on which our site and/or the learning material is stored;
11.3.5. any software used in the provision of our site and/or the learning material; or
11.3.6. or network or software owned or used by any third party.
11.4. In providing interactive services through our site and/or through the learning material, we will do our best to assess any possible risks for users but we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site and/or through the learning centre, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
11.5. In respect of any material which you contribute to our site and/or the learning material (“contributions”), and to any interactive services associated with it, you must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
12. Disclaimer and Immersion UX’s Liability
12.1. Immersion UX warrants to you that courses provided by it through our site will be as described in the course description, except in the case of obvious error and will be of a satisfactory quality and to the full extent permitted by law, Immersion UX hereby excludes all of its liability in respect of the courses and the participation thereof by you and/or any third party/participant registered for a course by you.
12.2. Save to the extent that it is liable in terms of the law, in relation to the courses offered via our site:-
12.2.1. Neither Immersion UX nor any of its members, directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use of our site, the inability to use our site or the services or content provided from and through our site. Immersion UX further makes no representation or warranties, implied or otherwise that, amongst others, the content and technology available from our site is free from errors or omissions or that the service will be completely uninterrupted or error free. Our site is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements; and
12.2.2. Immersion UX’s liability for direct and/or indirect losses that you suffer as a result of Immersion UX breaching this agreement is strictly limited to the price for the course you purchased.
13. Country of Domicile, Governing Law and Jurisdiction
13.1. Immersion UX chooses as its domicilium et executandi for all purposes under this agreement, whether in respect of court process, notice or other documents, or communication of whatsoever nature the following address:
13.2. 6 Silver Oak Crescent, Aspen Hills, Johannesburg, 2059, South Africa.
13.4. You and Immersion UX submit to the exclusive jurisdiction of the courts of South Africa.
14.1. All notices given by you to us must be given to Immersion UX, 6 Silver Oak Crescent, Aspen Hills, Johannesburg, 2059, South Africa and to Info@immersiongroup.co.za
14.2. We may give notice to you at either the email or postal address you provide to us when registering for a course. Notice/s will be deemed received and properly served 24 hours after an e-mail is sent and that such e-mail was sent to the specified e-mail address of the addressee.
15. Changes to Terms and Conditions
15.1. Immersion UX may in this sole discretion amend or vary these Terms and Conditions, or any part thereof, on notice to you. It is your responsibility to ensure that you are satisfied with any such variations or amendments. If you are not satisfied with the amendments, you must refrain from placing any further orders on or from using our site in any way.
16. Intellectual Property Rights
16.1. For purposes of this agreement, “intellectual property” means all course material in respect of courses offered on our site, copyright patents, rights to inventions, and related rights, all other rights in the nature of copyright, trademarks, trade names and domain names, business names, texts, graphics, hyperlinks, icons, logos, service marks, moral rights, know-how, business methods and trade secrets, private information, agreements, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, software and database rights and any other intellectual property rights (including but not limited to moral rights), in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, extensions or revivals of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future and in any part of the world.
16.2. Any and all copyright subsisting in our site, vests in Immersion UX, all rights reserved.
16.3. All of the Intellectual Property is the property of and/or licensed to Immersion UX and are protected from infringement by South African and international law and treaties.
16.4. All right, title and interest in and to the Intellectual Property shall at all times remain fully vested in and belong to Immersion UX and its licensors, and you shall have no rights whatsoever in or to the Intellectual Property, other than as specifically granted pursuant to the Terms and Conditions.
16.5. You may only download and use the course material and related information in accordance with the provisions of Terms and Conditions and you may only download, view and print content from our site for private educational/study and non-commercial purposes.
17. Transfer of Rights and Obligations
17.1. The contract between you and Immersion UX is binding on you and Immersion UX and on Immersion UX’s respective successors and assignees.
17.2. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under the contract without our prior written consent.
17.3. Immersion UX may transfer, assign, charge, subcontract or otherwise dispose of the agreement or any of our rights or obligations arising under it and any time during the terms of the agreement.
18. Force Majeure Event
18.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an agreement that is caused by events outside our reasonable control (“Force Majeure Event”).
18.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
18.2.1. Strikes, lock-outs or other industrial action;
18.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
18.2.3. Fire, explosion, storm, flood, drought, earthquake, subsidence, epidemic or other natural disaster;
18.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
18.2.5. Impossibility of the use of public or private utilities or telecommunications networks; and/or
18.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
18.3. Immersion UX’s performance under any agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.
19.1. If we fail, at any time during the term of an agreement, to insist upon strict performance of any of your obligations under the agreement or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2. A waiver by Immersion UX of any default shall not constitute a waiver of any subsequent default.
19.3. No waiver by Immersion UX of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
20.1. If any of these Terms and Conditions or any provisions of an agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. Entire Agreement
21.1. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. REVISED VERSIONS OF THE TERMS
The Provider may amend, alter, add or omit any provisions of the Terms without the consent of the User. The Terms are consequently operational as soon as the same have been uploaded or posted on the Website.
3. Details of Services
3.1 The User agrees that the Website will solely be used for the following purposes:
3.1.1 for the User to surf or browse for more information pertained to the Services that the Provider offers, which includes but is not limited to, painting, waterproofing, construction, structural repairs and spalling, asbestos handling, roofing, flooring, redecoration and rope access (“the Services”).
3.1.2 for the User to submit contact details for Career opportunities at the Provider Company, Immersion UX (Pty) Ltd.
3.1.3 for the User to submit his or her contact details for enquiries related to the Services the Provider so offers, as well as the obtainment of a quotation from the Provider related to such Services.
4. Copyright and Intellectual Property
4.1 The Website and its contents are subject to Copyright ©. This. Includes, however not limited to software, graphics, images, video, and sounds, music the arrangements thereof, designs, enhancements and original designs associated therewith.
4.2 The User is expressly prohibited from copying the Website and the aforegoing contents (as mentioned in clause 4.1) thereof including any composite parts. The User expressly agrees that it will not, modify, recreate, publish, transmit, sell and exploit such contents for commercial gain or otherwise. No further distribution, copying, retransmission, publication or exploitation of a commercial nature of downloaded material is permitted, unless expressly excluded in Copyright Law. In the event such lawful copying takes place references to trademark legends, copyright notices and author attribution shall not be excluded. The Provider and all its associated trademarks, slogans, products and services on the site are the sole property of the Provider, its licensors and suppliers whether such trademarks are registered or unregistered. The User hereby agrees that it will refrain from copying the aforementioned without the express written permission from the relevant owner of the said trademark or the Provider. The User hereby agrees that it will refrain from copying any other intellectual property belonging to other owners; this includes their associated company names, trademarks and other intellectual property.
4.3 The Provider may make changes to the Website the contents thereof, the Terms or the Services provided by it, with or without notice to the User. All associated rights in the Website, the contents thereof are reserved and retained by the Provider as owner thereof. The User agrees that it is not granted any license or any other rights in Intellectual Property Law, which includes, yet not limited to, the law of Trademarks, Patents, or Copyright.
5. Disclaimer and Limitation of Liability THE USER EXPRESSLY AGREES THAT USE OF THE WEBSITE WILL BE AT ITS OWN RISK. This Website is owned and controlled by the Provider, all images and content of this site are provided on an “AS IS” basis and EXCLUDES ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED AS THE CASE MAY BE, INCLUDING ANY IMPLIED WARRANTIES FOR ANY PARTICULAR PURPOSE, ANY SPECIFIED FORM OR QUALITY OR FURTHER WARRANTIES OF MERCHANTABILITY, except those warranties which are implied by and incapable of restriction modification or exclusion under the laws applicable to this agreement. THE USER FURTHERMORE EXPRESSLY AGREES TO THE FOLLOWING aspects:
5.1 Usage and Storage Practices THE USER AGREES THAT THE PROVIDER IS TO BE HELD HARMLESS AND TO BE INDEMNIFIED FROM THE RESPONSIBILITY OF THE DELETION OF, OR FAILURES TO EITHER STORE OR TRANSMIT ANY CONTENT OR OTHER COMMUNICATIONS MAINTAINED BY THE PROVIDER. THE PROVIDER RESERVES THE RIGHT TO CREATE LIMITS ON THE STORAGE AND USE OF THE WEBSITE IN ITS SOLE DISCRETION AT ANY TIME SUMMARILY WITH OR WITHOUT NOTICE;
5.2 Indemnification In Respect Of Contents of the Website THE USER FURTHER AGREES THAT THE PROVIDER, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, PRESCRIBED OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS ARE TO BE HELD HARMLESS AND EXEMPT FROM ANY LIABILITY, AND SO APPLIES TO DAMAGES OR INJURIES HOWEVER SO ARISING, WHETHER IN CONTRACT, IN DELICT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR OTHERWISE CAUSED BY ANY FAILURE OF THE WEBSITE, whether caused by unauthorised access, loss of communications, theft, inaccuracy of data provided to the User, including any viruses, spyware or any other disabling and or damaging features (“Third Party Content”) that impact the functionality or availability and use of the Website, causing destruction or damage to the entire content of the Website, parts thereof or the functionality thereof. THE PROVIDER TAKES NO RESPONSIBILITY FOR ANY THIRD PARTY CONTENT, AND THE PROVIDER IS UNDER NO OBLIGATION TO MONITOR SUCH CONTENT. THE USER FURTHER AGREES THAT SERVICES THAT ARE PROVIDED TO THE USER ARE ON AN AS IS AND AS AVAILABLE BASIS. THE USER FURTHER AGREE TO HOLD THE PROVIDER, ITS SUBSIDIARIES, DIRECTORS, EMPLOYEES, PRESCRIBED OFFICERS, AGENTS AND/OR THIRD PARTY CONTENT PROVIDERS HARMLESS FOR THE FOR THE AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR RELIABILITY OF THE SERVICES OR INFORMATION ON THE WEBSITE OR ANY OTHER CLIENT SOFTWARE. THE PROVIDER ALSO RESERVES THE RIGHT TO MODIFY, SUSPEND OR DISCONTINUE THE SERVICES OR WEBSITE USE WITH OR WITHOUT NOTICE AT ANY TIME AND WITHOUT ANY LIABILITY TO THE USER.
5.3 Impossibility of Performance Neither party shall be liable in circumstances caused that is beyond their reasonable control, including without limitations riots, acts of God, war, embargoes, acts of the military, civil authorities, fires, floods or accidents, network failures, software failures, internet and telecommunications failures, power outages and/or failures in third party service providers that adversely impact the use of the services and the Website provided by the Provider and the functionality of the site. The party affected thereby will notify the other party in writing 14 days after the occurrence of above. The agreement will thereafter be suspended till the party so affected is no longer prevented from performing its obligations, if any.
6. User Conduct
6.1 The User agrees that it is solely responsible for obtaining all computer hardware and software, telephone line and other equipment needed to access the contents and services of the Website;
6.2 The User hereby agrees that it will not utilise any data mining robots, packet sniffing methods or any other means of the acquisition or harvesting of data and information;
6.3 The User agrees that it will refrain from using meta tags or any other hypertext tagging methods referring to the Provider, the Website or any of its associated trademarks or services, unless the express written consent of the Provider is obtained.
6.4 The User hereby agrees that it will not manipulate the Website in any manner, this includes, however is not limited to, navigational technologies such as website framing methods, unless written consent is obtained from the Provider;
6.5 The User hereby agrees that all activities it performs on the Website, will be in accordance with and will not contravene any laws and associated regulations (whether intellectual property law, private law, electronic communications and transactions law or otherwise) within the republic of South Africa, and includes international laws, rules and regulations. The Provider reserves the right to summarily terminate the Users access to the Website, and all other services offered by the Provider. The Provider further reserves the right, but no obligation, to enquire or refrain from enquiring as to whether the User’s use of the Website services has violated any laws, rules or regulations in the republic of South Africa or internationally.
Cookies are small pieces of information that are sent via the website server which is stored on the User’s computer/system hard drive so that it may be read back from the computer/system to allow the browser on such a computer and system to “remember” some information from the website, to facilitate a faster browsing time for repeat users. It is stressed that IN THE EVENT THE USER WISHES NOT TO USE THE COOKIE FEATURE, THE USER IS ADVISED TO CHECK WITH ITS BROWSER TO DEACTIVATE THIS FEATURE.
8 General Provisions
8.1 Should any provisions in the Terms be declared null and void by a competent authority, such a declaration or ruling shall not affect the validity of the provisions surviving such a declaration or ruling.
8.2 The laws of the republic of South Africa apply to these terms and conditions.
8.3 All notices and legal services must be served on the Provider at its physical address, and not via fax or email.
9.2 During the course of the provider’s interactions with the User, Provider may collect, store and use (“Process”) Personal Information electronically. Such Processing includes:
9.2.1 Personal Details of the User, which includes the Users Name, address, telephone numbers, email addresses, the users for the purposes that are related to the Services of the Provider (see clause 3 above);
9.2.2 The Users uploaded curriculum vitae for the purposes of career opportunities (see clause 3 above) at the Provider Company;
9.2.3 If the user is a Juristic person or other similar entity all the relevant details of such an entity, such as its registered address, Company registration numbers, contact details such as telephone numbers, and email addresses;
9.3 The provider voluntarily subscribes to section 51 of ECTA, and the principles of protection of personal information, as described in the Protection of Personal information Act 4 of 2013;
9.5 DESPITE SUCH AN UNDERTAKING ANY INTERNET BASED COMMUNICATIONS MAY BE INTERCEPTED. WITHOUT ENCRYPTION USAGE INTERNET, BASED COMMUNICATIONS ARE SUSCEPTIBLE TO INTERCEPTION AND FORGING. THE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY DAMAGES, WHETHER SUCH DAMAGES ARE GENERAL, SPECIAL, DIRECT OR INDIRECT, WHETHER IN DELICT, CONTRACT OR OTHERWISE, AS A RESULT OF THE TRANSMISSION OF CONFIDENTIAL OR DISCLOSED INFORMATION THAT THE USER MAKES TO THE PROVIDER THROUGH THE INTERNET, OR ANY SUCH COMMUNICATIONS THE USER EXPRESSLY OR IMPLICITLY MAKE, OR ANY SUCH ERRORS OR CHANGES THAT ARE MADE TO ANY TRANSMITTED INFORMATION DUE TO INTERNET BASED COMMUNICATIONS.
10. Further Representations and Warranties. User warrants and represents that all the information provided by it when utilising the services of the Provider, is true, current and correct.
11. Links to Other Sites The Provider does not take any responsibility for any links to any other third party websites. The Provider does not warrant the reliability of such third party websites which may be placed on the site from time to time, and BY CLICKING ON SUCH LINKS TO THIRD PARTY WEBSITES, USER ACKNOWLEDGES THAT IT DOES SO AT ITS OWN RISK. THE PROVIDER IS IN NO WAY AFFILIATED, OR RESPONSIBLE FOR WHAT THE CONTENTS OF SUCH SITES ARE, NOR DOES THE PROVIDER ENDORSE SUCH THIRD PARTY LINKS, this is merely done for the sake of convenience. User further agrees that it is prohibited from using the Providers logo associated, any associated proprietary information and it associated trademarks whether registered or not, without permission in writing from the Provider. ANY BUSINESS OR DEALINGS THAT TAKE PLACE ON SUCH THIRD PARTY SITES ARE BETWEEN THE USER AND THAT THIRD PARTY. THE MERE FACT THAT THE PROVIDER IS A CONDUIT OF ANY BUSINESS OR DEALINGS, WHETHER THEY STEMMED FROM THE SITE, ANY BUSINESS DEALINGS, SERVICES AND ASSOCIATED WARRANTIES OR GUARANTEES THE USER RECEIVED FROM SUCH A THIRD PARTY SHALL IN NO WAY MEAN THAT THE PROVIDER SHALL BE HELD LIABLE, AND USER AGREES TO HOLD THE PROVIDER HARMLESS AND EXEMPT IN SUCH DEALINGS.
12. Entire Agreement This Agreement constitutes the entire agreement between the User and the Provider and governs the User’s utilisation of the Website, superseding any prior agreements between the User and the Provider. The User may also be subject to additional terms and conditions that may apply when the User uses or purchases certain other services that the Provider offers including affiliate services, third-party content or third party software.
13. Waiver Any failure by the Provider to enforce these terms or any rights associated therewith, or other such rights shall not constitute a waiver of such terms or rights.
14.1 Applicable law This Agreement is governed by South African law.
14.2 Severability If any provision in the Terms are declared unenforceable or null and void by any court or similar authority or competent jurisdiction, the same shall not affect the remaining terms and condition of these standard terms and conditions, which shall remain valid and binding on the parties.
15. Compulsory Information In Terms of the Electronic Communications and Transactions Act 25 of 2002.
Company name: Immersion UX (Pty) Ltd
Reg, No. 2012/153624/07
Director: Viresh Hargovan
JOHANNESBURG: 1st Floor, 4 Fricker Road, Illovo, Sandton, 2126, Johannesburg, South Africa. Tel : +27 10 446 0481
CAPE TOWN: 9a Harvey Road, Harfield Village, Cape Town, 7708, South Africa. Tel : +27 83 414 7421
LONDON: Suite 345, 50 Eastcastle Street, London, W1W 8EA Tel Tel : +44 7590 563294
The Responsible Party subscribes to the principles as described in the Protection of Personal Information Bill (“the Bill”) (soon becoming law, as an Act of Parliament) and further to Section 51 of the Electronic Communications and Transactions Act (“the Act”). Reference will mainly be confined to the Bill, since all the principles in section 51 of the Act are also in the Bill.
How does the Responsible Party protect your information?
As described in the Act, certain principles of protection form the cornerstones of protection of personal Information. Each one will be listed here and how it is applied in the Responsible Party’s Company.
The Act requires the Responsible Party (that is Immersion Group) to handle all information that is submitted to it via the website. The Responsible Party has safety and security mechanisms in place, through its Information technology department, and legal department, to ensure the maximal compliancy with the Act.
2 Processing limitations:
The Act provides for the processing of personal information that is lawful, does not infringe on the privacy of the data subject, information that is minimal, information that is only processed with the consent of the User.
The Act provides for the prohibition on the storage and dissemination (hereinafter defined as “Processing”) of information relating to the Users:
Race, Religion, Trade Union Membership, Political Persuasion, Health, Sexual Life and Criminal Behaviour (“the Prohibited Content”).
The User must take note of the Following:
The Responsible Party will not process the Prohibited Content or other personal information submitted on the website without the User’s express consent. The Responsible Party only receives information related to the following and will not use such information without the User’s consent
2.1. Processing of data related to Curriculum Vitae (“CV”)
The User must understand that by submitting its CV it expressly consents to the Responsible Party Processing its personal information, whether such information includes the Prohibited Content or not. IT IS IN THE USERS DISCRETION WHAT PERSONAL INFORMATION IS SUBMITTED TO THE RESPONSIBLE PARTY, AND IF SUCH INFORMATION CONTAINS PROHIBITED CONTENT, WHICH THE USER EXPRESSLY CONSENTS TO THE PROCESSING THEREOF. The CV contains essential information to allow the Responsible Party to decide if the User is a suitable candidate to employ under the Responsible Party’s company name. It must be stressed that the Responsible Party will not process such information beyond the scope of what is required to carry out the selection of prospective employees. The Responsible Party will store such information for record purposes only, and will not disseminate such information.
2.2 Processing of data relating to the User requesting a quotation.
The User, by submitting its name, surname, address, email, address, telephone numbers, company details, timeframes of projects, budgets of projects and any other details entered on the Website, expressly consents to the Processing of such submitted personal information. The Responsible Party will only process such information that relates to the purpose of obtaining a quotation and the services that the Responsible Party provides. THE RESPONSIBLE PARTY MAY SEND EMAILS AND PROMOTIONAL MATERIALS TO THE USER AND BY SUBMITTING SUCH DETAILS THE USER CONSENTS TO THE PROCESSING AND USE OF SUCH INFORMATION THAT RELATES TO THE SERVICES THAT THE RESPONSIBLE PARTY OFFERS, WHETHER SUCH INFO INCLUDES PROHIBITED CONTENT OR NOT. THIS IS AT THE USER’S DISCRETION.
2.3 Privacy and general surfing or browsing
It is possible for a User to surf the Website without the provision of personal information . THE USER GIVES ITS EXPRESS CONSENT FOR THE WEBSITE SERVER TO COLLECT ITS IP ADDRESS AND OTHER DISTINGUISHING INFORMATION. The purpose for such collection of the IP address is merely to gauge as the number of visits to the Website, what pages on the Website were viewed, and time spent on the Website. The Responsible Party does this to allow room for possible improvements to the use and content of the Website. THE RESPONSIBLE PARTY IS UNDER NO OBLIGATION TO PROTECT THIS INFORMATION AND MAY USE, DISTRIBUTE AND COPY SUCH INFO AS IT DEEMS FIT.
The Act provides for Minimality. This means that personal information may only be processed if, given the purpose for which it was processed, it is adequate, relevant and not excessive. The Responsible Party will only process the submitted personal information for the purposes specified in clauses 2.1- 2.3 above. The User hereby declares that the information it submits is true, correct, and relevant to the purposes specified above. The Responsible Party is not responsible for any incorrect information submitted.
4. Consent, Justification and Objection
The Act requires that in order for any personal information that is submitted requires:
4.1 Consent by the User
4.2. Such Processing is necessary to carry out actions for the conclusion or performance of a contract between the User and the Responsible Party.
4.3 Processing is in the legitimate interests of the User.
The User as stated above hereby consents to such Processing, to the extent it relates to the purposes as specified in clause 2.1- 2.3. The User further acknowledges that the Processing is in its legitimate interests, with respect to clause 2.1 when submitting a CV. The User further acknowledges that such Processing, in clause 2.2, is necessary for the conclusion or performance of a contract between the User and the Responsible Party.
5. Retention of Data
The Act requires that retention of such data is necessary for achieving the purpose for which it was collected. It must be stressed that if the retention of records goes beyond the scope of the purposes, such information will be destroyed or degraded to an extent that the information cannot lead to the identity of a user. Retention may be required for lawful purposes.
6. Further Processing
The Act says that information may only be processed further if it is compatible with the purpose for which such information is collected. The User hereby consents to such Processing insofar as it relates to the purposes listed in clauses 2.1- 2.3. The User hereby consents to such further Processing and declares that it understands that such processing is only related to the purposes in 2.1- 2.3.
According to the Act the Responsible Party must take reasonable steps to ensure that all data is correct, complete, accurate not misleading and updated where necessary. THE USER HEREBY DECLARES THAT SUCH INFORMATION IS, IN FACT, CORRECT, COMPLETE, ACCURATE, NOT MISLEADING, AND UNDERTAKES, WHERE NECESSARY, TO UPDATE THE RESPONSIBLE PARTY AS TO ANY UPDATES IN SUCH INFORMATION.
8. Openness and Data Subject Participation
In accordance with the Act in the event that personal information is collected, the Responsible Party must take reasonably practicable steps to ensure that the User is aware of:
YOUR ATTENTION IS DRAWN TO THE FOLLOWING:
the information being collected;
o Please see clauses 2.1- 2.3
the name and address of the Responsible Party;
o Company name: Immersion Group
o Physical address: 1st Floor, 4 Fricker Road, Illovo, Sandton, 2126, Johannesburg, South Africa
o Website address: www.immersiongroup.co.za
o E-mail address: firstname.lastname@example.org
· the purpose for which the information is being collected;
o Please see clause 2.1-2.3
· whether or not the supply of the information by that data subject is voluntary or mandatory;
o The Supply of info with regard to 2.3. Is Mandatory. However 2.1 and 2.2 is Voluntary.
· the consequences of failure to provide the information;
o None in Clause 2.1-2.2.
o The User may not utilise the site if information is not submitted.
· any particular law authorising or requiring the collection of the information;
o The Electronic Communications and Transactions Act 25 of 2002.
o Protection of Personal Information Act 4 of 2013
· any further information, such as the recipient or category of recipients of the information; nature or category of the information; and existence of the right of access to and the right to rectify the information
o Only employees, directors, shareholders, prescribed officers or other stakeholders may be recipients of such information, which is related to the purposes of the collection thereof.
9. Security Measures
General and accepted construction industry information security practices and procedures are in place The Responsible Party will to the best of its ability protect all personal information submitted to it by the User from loss or damage to personal information as a result of unauthorised access to such personal information. THE USER MUST HOWEVER REMEMBER THE CONTENTS OF CLAUSE 9.5 IN THE TERMS AND CONDITIONS. We will notify you in the event any security breaches do take place.