Terms and conditions
TRIGGERFISH ACADEMY PLATFORM TERMS AND CONDITIONS OF USE AND SERVICE
By accessing or using www.triggerfish.com/academy or any of its related blogs, websites or platforms (collectively, “the Website”), owned by Triggerfish Academy (Pty) Ltd (reg: 2017/470162/07) (“the Academy”), a private limited liability company registered and operating in accordance with the laws of South Africa, you agree that you have read, understood and agree to be bound to the terms and conditions contained herein (the “Terms”). All rights in and to the content of the Website remain at all times expressly reserved by the Academy.
Please see the Academy’s distinct sections on Privacy, Intellectual Property, and Disclaimers & Indemnities.
Please read these terms carefully before accessing or using the Website and/or Services. The Academy will assume you have read and understood these terms should you continue to access or make use of the Website and/or Services.
It is important to note the following:
- The terms "user", “you" and “your” are used interchangeably in these Terms and refer to all persons accessing the Website for any reason whatsoever. Accordingly, the terms “us”, “our” or “we” refers to the Academy or its possession.
- Not all terms are necessarily defined in order.
- These terms were last updated on 1st of April 2019.
- INTRODUCTION TO THE WEBSITE AND SERVICES
1.1. The Academy provides an online information and content platform which allows, amongst other things, private users to engage with information provided by other users or the Academy itself, provide their own content to other users (“User Content”), and/or participate in the Triggerfish Academy Programme (“the Programme”), all for the purposes of advancing South African students’ knowledge and experience in the animation industry (“the Services”).
1.2. Most of the Services are free to use, but depending on the exact Services used on the Website, users may need to pay a fee to the Academy, which fee shall be determined as per these Terms and Website-provided information, and explained to a user before incurring any fee.
1.3. These Terms explain the conditions applicable to all users of the Website and/or the Services.
1.4. In order to use many of the Services, users must register on the Website using the prompted methods, and submit any required information to create a “Profile”.
1.5. The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective upon the Academy uploading the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by the Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
1.6. Supplemental terms may apply to certain Services, such as policies for a particular activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed incorporated into the Terms for the purpose of the Services.
1.7. Unauthorised use of the Website or a breach of these Terms by a user may give rise to a claim for damages and/or be a criminal offence.
- RELATIONSHIP BETWEEN THE PARTIES
2.1. THE ACADEMY PROVIDES SOFTWARE SERVICES ONLY AND DOES NOT PROVIDE ANY EDUCATIVE, ADVISOR NOR OTHER SPECIFICALLY REGULATED SERVICE AT ALL. ALL TOOLS PROVIDED ON THE WEBSITE OR AS PART OF THE SERVICES ARE FOR GENERAL INFORMATION PURPOSES ONLY, WHERE ANY FORMAL ENGAGEMENT BETWEEN USERS FACILITATED BY THE WEBSITE IS BETWEEN THEM PRIVATELY, AND FOR WHICH THE ACADEMY HOLDS NO RESPONSIBILITY.
2.2. Your use of the Website and/or the Services is entirely at the relevant party’s own risk.
2.3. Although the Academy carefully curates Profiles and User Content prior to being placed on the Website, the Academy is not responsible for the quality or standard of any information advertised or displayed on any Profile or as part of any User Content, or derived from any tool used on the Website.
2.4. Users understand that they or other users may be from jurisdictions, including South Africa, which may require regulation of the information and/or actions provided by users to each other. The Academy does not in any way verify nor confirm the adherence by same users with any such laws to which they are subject. It is therefore vital for each user to understand and be aware that they are fully responsible for any legal obligations resting on them in either providing or accepting the services or information from any such regulated user.
- USER REGISTRATION PROCESS
3.1. In order to become a user of many Services on the Website and make use of it or the Services, you must complete the necessary registration process detailed on the Website and acquire a Profile. Each user shall have only one (1) Profile and agrees to provide accurate, current and complete information during the registration process and to update such information as and when it changes.
3.2. The Academy requires you to submit your full name, e-mail address, city/town, country and age, gender when registering a Profile. Users may then setup additional features of their Profile, including adding their User Content, which setup may require further information to be submitted, as prompted by the Website.
3.3. To protect your privacy and security, the Website takes reasonable steps to verify your identity by e-mail verification in order to grant access to your Profile and data. To view or change your personal information provided, you can access the information and edit it.
3.4. By entering your personal information on the Website, you warrant that the person using the Website is you and/or you have the legal authority to act on behalf of a corporate entity. You are responsible for your Profile and all actions perpetrated therewith and thereon, and you should not share your log-in details or password with anyone.
3.5. By submitting your personal information to the Website for its use in a Profile, you consent to the Academy using this information to facilitate a connection between you and another user.
- THE ACADEMY SERVICES AND PROGRAMME
4.1. Users must register a Profile using the relevant tools on the Website, to access most of the Services.
4.2. Once registered, the user is allocated a unique Profile which is under their control and which can be manipulated by the relevant Profile owner using the various tools made available on the Website. Some of the features of the Website used by a user may automatically make adjustments or manipulate a Profile in accordance with the tool’s functions.
4.3. As part of the general Services available, users can, amongst other things, do the following by adhering to the relevant prompts on the Website:
4.3.1. download and view content provided by the Academy and its affiliates, as well as access links to other useful content provided on other platforms such as YouTube;
4.3.2. create and upload User Content to the Website as well as linked platforms;
4.3.3. engage in exercises, quizzes and other learning activities;
4.3.4. engage in a public chat forum relating to the Programme and other topics; and
4.3.5. sign-up for newsletters.
The Academy Programme:
4.4. The Academy runs the Programme which seeks to introduce young developers and creatives to the exciting world of animation, as well as train users in core skills and understandings required to be an animator in Africa, and generally.
4.5. In order to join the Programme, users must register on the platform.
4.6. The intellectual property of submitted videos will be retained by the users/creators.
- USER RESPONSIBILITIES AND WARRANTIES
5.1. By using the Website and/or the Services, you warrant that:
5.1.1. you have read and agreed to these Terms and will use the Website in accordance with them;
5.1.2. you have not made any misrepresentations and the information provided in the Profile registration process is true, accurate and complete;
5.1.3. your use of the Services and/or your actions or contributions facilitated via the Website are all within your legal right to do so as per any applicable country’s legislation to which you are required to adhere to (such as laws pertaining to intellectual property relating to using certain footage) and indemnify the Academy from any liability accrued by virtue of your use of the Website and/or Services and/or actions perpetrated thereon;
5.1.4. you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website and Services only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to the Terms and to be liable and responsible for you and all of your obligations under the Terms;
5.1.5. you will not post, upload, replicate or transmit any abusive or inappropriate content on the Website that is or could reasonably be considered, in the Academy’s sole discretion, to be threatening, harassing, inappropriate, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using or enjoying the Website;
5.1.6. you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
5.1.7. you will not infringe any third party or the Website’s intellectual property or other rights or transmit content that the user does not own or does not have the right to publish or distribute;
5.1.8. you will not use the Website platform for any commercial purpose other than as expressly provided for by the Academy and the Terms;
5.1.9. you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating access to, use of or sale of illegal substances, services, information or devices; and/or
5.1.10. you will not facilitate or assist any third party to do any of the above.
5.2. The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any data network access necessary to utilise the Website. The network’s data and messaging rates and fees may apply if you use the Website and you shall be responsible for such rates and fees.
5.3. Without prejudice to any of the Academy’s other rights (whether at law or otherwise), the Academy reserves the right to deny you access to the Website and/or the Services where the Academy believes (in its reasonable discretion) that you are in breach of any of these Terms.
5.4. The Academy does not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.
- RECEIPT AND TRANSMISSION OF DATA MESSAGES
6.1. Data messages, including e-mail messages, sent by you to the Academy will be considered to be received only when acknowledged or responded to.
6.2. Data messages sent by the Academy 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.
6.3. The Academy reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take appropriate action against the sender of such e-mail or data message where necessary.
6.4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. the Academy is therefore not responsible for the accuracy or safety of any message sent by email or automated systems over the internet, whether between the Academy and a user, or between users.
- HYPERLINKS, DEEP LINKS, FRAMING
7.1. The Website may include links to other internet sites ("the other sites"). the Academy does not own or endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through the other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content or products of such target sites.
7.2. the Academy does not purport to own the content on other sites which may be shown on the Website. Should the owner of any content showcased on the Website want the content to be removed, please write to email@example.com to request the removal of such content.
7.3. The user’s access and use of the other sites remain solely at the user’s own risk and on the terms set by the relevant third party.
- ADVERTISING AND SPONSORSHIP
8.1. The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in the Website complies with all applicable laws and regulations.
8.2. The Academy, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
- INTELLECTUAL PROPERTY PROTECTION
9.1. All material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, copyright and/or service marks (as well as the organisation and layout of the Website) together with the underlying software code and everything submitted by a user to the Website and the Academy in use of the Services, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by the Academy, its shareholders, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
9.2. For clarity, and unless otherwise agreed to between a user and the Academy, all users provide a non-exclusive, consideration-free licence to the Academy for the Academy to use and exploit any User Content which the user provides to the Academy/Website as part of its use of the Services and/or Website, in perpetuity and in all territories.
9.3. Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on the Website or the underlying software code whether in whole or in part, without the written consent of the Academy first being granted, which consent may be refused at the discretion of the Academy. No modification of any intellectual property or editorial content or graphics is permitted.
9.4. The Academy reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on the Website, including that of a user in their Profile, or to suspend or terminate the Website, at any time without notice;
9.5. Where any of the Website intellectual property has been licensed to the Academy or belongs to any third party, other than that which has been submitted by a user to the Website in the use of the Services, all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
9.6. Subject to adherence to the Terms, the Academy grants to users a personal, non-exclusive, non-assignable and non-transferable license to use and display all content and information contained in the Website on any machine which the user is the primary user. However, nothing contained on the Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of the Academy.
9.7. Any enquiries regarding any of the above relating to intellectual property must be directed to the Academy at firstname.lastname@example.org.
- PRIVACY AND PERSONAL INFORMATION POLICY
Personal information we collect from you:
10.2. Should you decide to register with or function as a user on the Website and/or use any the Academy Services, you thereby expressly consent to, and opt-in to the Academy collecting, collating, processing, and using the following types of information about you when you use the Website (“personal information”):
10.2.1. Information provided by the user. The Academy collects personal information (that is information about the user that is personally identifiable like the user’s name, address, age, gender, location, email address, phone number(s) and other unique information such as user IDs and passwords, service preferences and contact preferences that are not otherwise publicly available); and
10.2.2. Information that is collected automatically. The Academy receives and stores information which is transmitted automatically from the user’s computer when the user browses the internet. This information includes information from cookies (which are described in clause 10.14 below), the user’s Internet Protocol (“IP”) address, browser type, web beacons, geo-locationary information, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address from which you arrived at the Website.
10.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update it. The Academy is however under no obligation to ensure that your personal information or other information supplied by you is correct.
10.4. You warrant that the personal information disclosed to the Academy is directly from you as the user on the Website or in connection to the Services, and all such personal information is lawfully yours to provide.
10.5. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and, generally, not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
How we use your personal information:
10.7. Any processing of your personal information will be reservedly for our legitimate business purposes and as a necessary function of your engagement with the Website and/or Services, and you have consented to this, but we will not, without your express consent:
10.7.1. use your personal information for any purpose other than as set out below:
10.7.1.1. in relation to the provision to you of the Services and/or access to the Website;
10.7.1.2. to contact you regarding current or new services or any other product offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
10.7.1.3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you); and
10.7.1.4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your activities on the Website; or
10.7.2. disclose your personal information to any third party other than as set out below:
10.7.2.1. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for your use of the Services, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
10.7.2.2. to other users who are using the Services and who need your information in order to use the Services themselves or to provide their own private services to you;
10.7.2.3. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us, possible through that same correspondence to you);
10.7.2.4. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity or the contravention of an applicable law, or to investigate violations of these Terms and/or the Website’s other policies; and
10.7.2.5. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us, not for their own benefit and under the same standards as how we operate.
10.8. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, the Academy is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
How we treat your personal information:
10.9. We will ensure that all of our employees, third-party service providers, divisions and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations and process your personal information at standards equal to or higher than the Academy’s in relation to your personal information.
10.10. We will:
10.10.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in these Terms;
10.10.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
10.10.3. provide you with reasonable access to your personal information to view and/or update personal details;
10.10.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
10.10.5. provide you with reasonable evidence of our compliance with our obligations under these Terms on reasonable notice and request; and
10.10.6. upon your request, promptly correct, return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged or entitled to retain (acknowledging that some Website and/or Service functionality might be lost if certain personal information is amended or destroyed).
10.11. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period. In some circumstances, other applicable national laws require us to retain your data beyond your request for its deletion, or beyond your direct engagement with the Academy. As such, we may retain your personal data in adherence with compulsory instructions from other applicable national laws, notwithstanding your application to have it deleted or amended.
10.12. The Academy undertakes never to sell or make your personal information available to any third party other than as provided for in these Terms.
10.13. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence or fraud.
User rights and obligations:
10.16. The user is entitled to request access to any relevant personal data held by the Academy and where such access is necessary for you to exercise and/or protect any of the user’s rights. For any personal data held by any third party, the user must approach that third party for the realisation of the user’s personal data rights with them, and not with the Academy.
10.17. Users with citizenships from jurisdictions other than of South Africa, please note that the Academy complies with all South African data protection laws when processing your personal information pursuant to the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, including how we may process your personal information, please contact the Academy at email@example.com to engage you on its application and your rights.
10.18. Users acknowledge that any content provided by users on the Website, including via a messaging system, enters an open, public forum, and is not confidential, where the author of which will be liable for that content, and not the Academy.
10.19. Users understand that there are risks involved in sharing personal information. By disclosing personal information such as the user’s name and email address, users acknowledge and understand that this information may be collected and used by a third party to communicate with you.
10.20. By accepting these Terms, you have opted in to receive emails from the Academy, where your email address will be used to contact you from time to time and may also use it for security reasons to confirm your identity.
10.21. The Academy agrees not to use the users’ provided email address in any manner that users do not consent to nor alert any other parties of the users’ address without the user’s consent.
10.22. You have the right to opt-out of receiving email communication by following the directions posted on every email communication or by unsubscribing.
10.23. The Academy may use the information collected automatically, such as the user’s IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise the Website’s content, layout and services.
10.24. The Academy will disclose the user’s personally identifiable information if it reasonably believes that it is required to do so by law, regulation or other government authority or to protect the rights and property of the Academy, its affiliates or the public. The Academy may also co-operate with law enforcement in any official investigation and may disclose the user’s personally identifiable information to the relevant agency or authority in doing so.
10.25. The Academy reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change the Terms, the Academy will notify you beforehand.
10.26. Circumstances may arise where, whether for strategic or other business reasons, the Academy decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is the Academy’s practice to seek reasonable protection for information in these types of transactions and notify you prior to any disclosure of personal information. Such disclosure will also be subject to these privacy terms.
10.27. The Academy strives to keep the user’s personal information accurately recorded. The Academy provides a user with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable. Please contact firstname.lastname@example.org to engage the Academy on such actions or requests.
10.29. The user is entitled to request access to any relevant personal data held by the Academy and where such access is necessary for you to exercise and/or protect any of the user’s rights.
10.30. Users may request the Academy to review the personal information which it holds and may request for the Academy to delete such information. The deletion of any information may result in certain Website services being unavailable.
- DISCLAIMERS AND WARRANTIES
11.1. The Website, including any intellectual property appearing therein, is provided "as is" and "as available". The Academy makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website, information provided by another user or the information contained on the Website in any way.
11.2. All information or opinions of users made available on the Website in relation to any of the Services are those of the authors and not the Academy. While the Academy makes every reasonable effort to present such information accurately and reliably on the Website, the Academy does not endorse, approve or certify such information, nor guarantee the accuracy or completeness of such information on the Website or from another user.
11.3. The Academy, its shareholders, employees, directors, partners and affiliates, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website, other users thereon, and/or transactions or actions resulting therefrom.
11.4. The Academy, its shareholders, employees, directors, partners and affiliates, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the facilitation and offering of the Services, and access to, or use of, the Website in any manner.
11.5. Users from locations outside of South Africa, please note that the Academy complies with all South African laws in representing the Services. Should foreign law be applicable in any regard to your use of the Services and/or the Website in any way, you warrant that you are at all times acting in accordance with same foreign law, and indemnify the Academy from any liability it may acquire by virtue of its supply of the Website and/or Services. Please contact the Academy at email@example.com to engage you on any foreign-law application.
11.6. The Academy takes reasonable security measures to ensure the safety and integrity of the Website and to exclude viruses, unlawful monitoring and/or access from the Website. However, the Academy does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through the Website will be free of bugs, viruses, worms, trojan horses or other harmful components. The user’s access to and use of the Website remains solely at the user’s own risk and the user should take their own precautions accordingly.
12.1. The user indemnifies and holds harmless the Academy, its shareholders, employees, directors, partners and affiliates from any demand, action, regulation or application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of the Website or Services offered or concluded through the Website in any way.
12.2. The user agrees to indemnify, defend and hold the Academy, its shareholders, employees, directors, partners and affiliates harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s use of the Website and/or the Service and for breach of these Terms.
12.3. This clause will survive termination of this agreement.
- COMPANY INFORMATION
13.1. Site owner: TRIGGERFISH ACADEMY (PTY) LTD
13.2. Company type: (PTY) LTD
13.3. Registration Number: 2017/470162/07
13.4. Director: Stuart Grant Forrest
13.5. Description of main business: Animation education and training
13.6. Telephone number: +27 21 713 4008
13.7. E-mail address: firstname.lastname@example.org
13.8. Website address: www.triggerfish.com/academy
13.9. Physical address: Dreyersdal Farm, Bergvliet
13.10. Postal address: PO Box 210, Steenberg, 7947
13.11. Registered address: The Longhouse, Dreyersdal Farm Road, Bergvliet, 7945
- DISPUTE RESOLUTION AND GOVERNING LAW
14.1. Should any dispute, disagreement or claim arise between the parties concerning use of the Website or Services, the parties shall endeavour to resolve the dispute amicably, by negotiation, and with the best interests of both parties in mind.
14.2. Should these parties fail to resolve such dispute in the aforesaid manner or within such further period as the parties may agree to in their negotiation, the parties will approach an independent industry expert who shall mediate the discussions between them in order to find a mutually beneficial solution.
14.3. If the dispute is still not resolved after such mediation, the parties will commence and be party to binding and confidential arbitration in terms of the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with an arbitrator selected by the Academy. Arbitration proceedings shall be conducted in Cape Town, South Africa in English, where the costs thereof shall be borne equally by both parties.
14.4. Notwithstanding the above, both parties consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, even in the event where the quantum in the dispute may be less than the monetary jurisdiction of that court. Either party may also always use the dispute resolution services of any applicable legislative tribunal or ombud, as provided for in applicable legislation.
14.5. The parties both agree that in no circumstance will either party publicize the dispute on any social media or other public platform. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.
14.6. Notwithstanding the above, both parties retain all of their concurrent rights as provided for under applicable South African legislation.
- TERMINATION OF USE OF WEBSITE OR SERVICES
15.1. IN ADDITION TO THE RIGHTS ABOVE, THE ACADEMY RESERVES THE RIGHT TO TERMINATE AND CANCEL YOUR PROFILE AND ACCESS TO THE SERVICES AND/OR WEBSITE IF YOU BREACH ANY OF THE TERMS, OR FOR ANY OTHER REASON IN ITS SOLE DISCRETION PROVIDED THAT THE ACADEMY GIVES REASONABLE NOTICE TO YOU.
15.2. If you wish to terminate the agreement with the Academy, or end your use of the Services, you may do so by deregistering your Profile with the Website and discontinuing your use of the Website.
15.3. The obligations and liabilities of users incurred prior to the termination date of the Terms and/or use of the Services shall survive the termination of these Terms for all purposes.
15.4. In the event of cancellation of your agreement with the Terms and with the Academy, the Academy will remove you from the Website and delete your Profile.
- NOTICES AND SERVICE ADDRESS
16.1. Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
16.1.1. in the case of the Academy, at email@example.com; or
16.1.2. in the case of the user, at the e-mail and addresses provided by the user to the Academy in the Profile registration process.
16.2. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
17.1. This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated in clause 1.5 above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms or their duly authorised representatives.
17.2. No indulgence, leniency or extension of time granted by the Academy shall constitute a waiver of any of the Academy’s rights under these Terms and, accordingly, the Academy shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
17.3. Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
17.4. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
17.5. The user’s access and/or use of the Website and/or the Services, any downloaded material from it and the operation of these Terms (including any transaction concluded pursuant thereto) shall be governed by and construed in accordance with the laws of South Africa.
17.6. Should you have any complaints or queries, kindly address an e-mail to firstname.lastname@example.org advising the Academy of same.
17.7. In the event of the user breaching these Terms, the user shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by the Academy in relation to the payment failure or breach.
17.8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
17.9. No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 17.8.