Praxis Education – Website Terms &
Conditions
INTERPRETATION
The term “terms” refers to terms and
conditions, and terms of use
The term “site” refers to the Praxis
Education website, portal, mobisite or any other such application as may be
available in the future and if inferred from the context, may also include any
other website or part thereof, accessed through a link to our website or portal
and shall include, but is not limited to, social media websites such as
Facebook, LinkedIn, Twitter or any such site.
The terms “we”, “us” or “our” refer to Praxis
Education, which includes all subsidiaries.
The term “you” refers to the user or
viewer of the Praxis Education site.
1.
GENERAL
1.1. By accepting agreement to these terms
and by using the site, you indicate that you accept these terms and that you
agree to abide by them. If you do not accept these terms, please tick that you
do not agree and leave the site.
1.2. Use of the site is also subject to any
additional enrolments, agreements, policies or guidelines posted on the site
from time to time.
1.3. Praxis Education does not make any
representation regarding any other websites which may be linked to or accessed
through this site and accordingly accepts no responsibility for the content or
use of such websites or information contained therein. Praxis Education shall
not be liable to any party for any form of loss or damage incurred as a result
of any use of or reliance on any information contained on such website or any
websites which can be accessed through this website.
1.4. This site is supplied on an “as is”
basis and has not been compiled or supplied with the intention of meeting your
individual requirements. It is your sole responsibility, as user, to satisfy
yourself, prior to making use of this site, that the service available from and
through this site will meet your individual requirements and be compatible with
your hardware and/or software.
1.5.
Cookies
www.praxisonline.co.za
site may use “cookies” in order to deliver web content specific to individual
users’ interests or to keep track of online purchasing transactions. Sensitive
personal information is not stored within cookies.
1.6.
Webforms
www.praxisonline.co.za
uses webforms forms on this site. These forms require users to give contact
information; full names, e-mail address, contact number. Contact information
from the registration form is used only to send material relating to the
enquiry for which it was collected and will not be sold to another party.
2.
AGE RESTRICTIONS
2.1. The site is not available for any person
under the age of 18 without your parents/guardian’s consent. If you are under 18 years old, your parent or
guardian is required to consent to your use of this site and shall be required
to accept these terms on your behalf. Accordingly,
Praxis Education is indemnified from any and all liability in this regard,
including any liability arising as a result of your failure, or someone acting
on your behalf, to provide accurate information in this regard when required to
do so through the use of this site.
3.
LIABILITY
3.1.
Subject
to the provisions of sections 43(5) and 43(6) of the Electronic Communications
and Transactions Act, we shall not be liable for any damage, loss or liability
of whatsoever nature arising from the use or inability to use this site or the
services or content provided from and through this site, or third-party website
accessed through this site. Furthermore,
we make no representations or warranties, implied or otherwise, that, amongst
others, the content and technology available from this site are free from
errors or omissions or that the service will be uninterrupted and error free.
3.2.
Praxis
Education, or any other party (whether or not involved in creating, producing,
maintaining or delivering the Site or the portal), and any of Praxis Education
group companies and the officers, directors, employees, shareholders or agents
of any of them, exclude all liability and responsibility for any amount or kind
of loss or damage that may result to you or a third party (including without
limitation, any direct, indirect, punitive or consequential loss or damages, or
any loss of income, profits, goodwill, data, contracts, use of money, or loss
or damages arising from or connected in any way to business interruption, and
whether in delict (including without limitation negligence), contract or
otherwise, in connection with the site (including the User-Generated Content)
in any way or in connection with the use, inability to use or the results of
use of the site (including the User-Generated Content), any sites linked to the
site or the material on such sites, including but not limited to loss or damage
due to viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing the Site (including
the User-Generated Content) or your downloading of any material from the site
(including the User-Generated Content) or any sites linked to the site.
3.3.
You
agree to keep Praxis Education and its associates fully indemnified against any
actual or contingent liabilities incurred in relation to any actions or claims
brought by any person against Praxis Education as a result of an actual or
alleged breach by you of any law, or such other actions or claims brought in
relation to the provision of services by Praxis Education to you.
4.
SERVICE ACCESS
4.1.
Praxis
Education endeavours to ensure that the site is normally available 24 hours a
day. Access to the site may be suspended
temporarily and without notice in the case of system failure, maintenance or
repair or for reasons beyond Praxis Education’s control. Praxis Education shall not be liable if for
any reason the site is unavailable at any time or for any period.
5.
INFORMATION ON THIS SITE
5.1. Information, ideas and opinions
expressed on these sites should not be regarded as professional advice or the
official opinion of Praxis Education. Users must seek advice prior to taking
any action based on the contents of this site.
5.2. Praxis Education has not determined that
the site content is suitable for any particular purpose and/or for a user
whatsoever, other than as a general reference, and has not necessarily
disclosed all risks relating to the site content or its subject matter. You
should not rely on the site content for professional advice (including, but not
limited to business, financial, investment, trading, or other advice) or as a
basis for any investment, transactional or similar decisions you make or which
are made on your behalf without first consulting with your preferred
professional or business advisors (who may include their attorney, tax,
accounting and investment advisors). No information or data on this site is an
offer to do business (which upon acceptance by yourself will constitute a
contract), but is merely an invitation to do business. No agreements shall be
concluded merely by sending a data message to this site or its owners. Valid
agreements require an acknowledgement of receipt of an offer, duly received
from us. This is subject to the provisions in section 11 of the Electronic
Communications and Transactions Act.
6.
USER-GENERATED CONTENT AND CONDUCT
6.1. Any use of User-Generated Content by
Users other than for private, non-commercial research or study is strictly
prohibited.
6.2. You are prohibited from posting or
transmitting to or from the site, including Praxis Education’s Facebook,
Twitter, LinkedIn, Google+ and other social networking media, any material:
6.2.1. that is threatening, defamatory,
obscene, indecent, seditious, offensive, pornographic, abusive, liable to
incite racial hatred, discriminatory, menacing, scandalous, inflammatory,
blasphemous, in breach of confidence, in breach of privacy or which may cause
annoyance or inconvenience; or
6.2.2. for which you have not obtained all
necessary licences and/or approvals; or
6.2.3. which constitutes or encourages conduct
that would be considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any third party,
in any country in the world; or
6.2.4. which is technically harmful (including
(but not limited to) computer viruses, logic bombs, Trojan horses, worms,
harmful components, corrupted data or other malicious software or harmful data.
(together
“Inappropriate User-Generated Content”)
6.2.5.
publish, upload, exchange or transmit any content
that the User/Client knows to be false or untrue, or has justifiable reasons to
believe it to be false or untrue, and whose use may cause damage to Praxis
Education, other Users or third parties;
6.2.6.
for
any User/Client misrepresenting him/herself for the purpose of deceiving Praxis
Education, other Users or third parties;
6.3. Praxis Education shall fully co-operate
with any law enforcement authorities or court order requesting or directing Praxis
Education to disclose or identify or locate anyone posting any Inappropriate
User-Generated Content.
6.4. Praxis Education accepts no
responsibility for actively monitoring any forums, such as, but not limited to
Facebook, Twitter, LinkedIn and any such other forums as may come into
existence, contained in the site for Inappropriate User-Generated Content. You
agree that Praxis Education accepts no liability whatsoever if we so choose
from time to time to edit, restrict or remove the User-Generated Content.
7.
PORTALS
User
access to any self-service portals hosted/accessed by Praxis Education
facilities is subject to the following terms & conditions
7.1. Education Related Portals
7.2. All access to this website by registered
students, candidates, parents, lecturers and teachers shall be governed by the Praxis
Education’s Parent Portal Conduct Policy.
7.3. You are prohibited from sharing any
login credentials to our site with a third party. You are responsible for
maintaining the confidentiality of your account, profile and passwords, as
applicable. You may not share your password or other account access information
with any other party, temporarily or permanently, and you shall be responsible
for all uses of your registrations and passwords, whether authorized by you.
You agree to immediately notify Praxis Education of any unauthorized use of
your account, profile, or passwords.
8.
PURCHASES FROM THE WEBSITE
All
purchases made through the website or parent portal shall be subject to the
following terms and conditions:
8.1. Instructions on the site that describe
how to place your order/payment and for making changes to your prospective order/payment
before you submit it must be followed.
8.2. When you submit an order/payment, you
agree that you do so subject to the purchase terms current at the date you
submit your order/payment.
8.3. You are responsible for reviewing the
latest purchase terms.
8.4. Your order/payment remains valid as an
offer until we issue our Order/payment Confirmation or, when we receive your
notice revoking/cancelling your order/payment, if earlier.
8.5. A contract is formed, and we will be
legally bound to supply the product to you when we accept your order/payment.
8.6. Until acceptance of your order/payment,
we reserve the right to refuse to process your order/payment and you reserve
the right to cancel your order/payment.
8.7. If we or you have cancelled your order/payment
before we have accepted it, then we will refund any payment already made by you
or your credit or cheque card company.
8.8. If you discover that you have made a
mistake with your order/payment after having submitted it, please contact, High
School; finance@almainternational.co.za and Pre/Primary School; finance@almacambridge.org.za, immediately. However, we cannot
guarantee that we will be able to amend your order/payment in accordance with
your instructions.
8.9. Only information which is accurate, not
misleading and up to date must be submitted and you must inform us of changes.
8.10. The schedule of fees and other costs are
as displayed on our website.
8.11. The displayed price will include all
charges (VAT) and will reflect in South African Rands unless otherwise
stipulated.
8.12. We will endeavour to ensure that the
price displayed is accurate. The price of your order/payment will need to be
validated by us as part of our acceptance. If the price for the order/payment
changes before we accept your order/payment, we will contact you and ask you to
confirm that you wish to proceed at the amended price.
8.13. Exam fees are only for Grades 7, 10 and
12. Exam fees are subject to prevailing exchange rate (GBP £) at time of
payment and no discount is applicable on exam fees
8.14. We will make all reasonable efforts to
accurately indicate prices and charges. However, should incorrect prices and/or
charges be communicated, we will not be obliged to proceed with enrolment at
such incorrect prices and/or charges, but will refund monies paid by you should
you not wish to proceed with the enrolment at the correct price and/or charge.
Refunds will not be made towards application and enrolment fees.
8.15. If fraud is suspected, we reserve the
right to refuse to accept or process payment on any order/payment, and to
cancel the order/payment.
8.16. We further reserve the right to cancel
the application should we no longer have the available space in the application
grade. We will notify you if this is the case and return any payment that you
may have made.
8.17. We accept no liability which may arise
as a result of our inability or refusal to process any application or for the
cancellation of an enrolment.
8.18. We will usually refund money received
using the same method originally used by you to pay. No refunds will be
processed on application and enrolment fees as stipulated in our admissions
policy.
8.19. A full record of every sale and related
transaction between you and PRAXIS EDUCATION will be maintained on the portal
for a period of 12 months following the date of sale or related transaction.
You will only be able to view and print this record during this 12-month
period, whereafter you will be responsible for retaining your own record of the
sale or related transaction.
8.20. These terms are subject to the
provisions of the Electronic Communications and Transactions Act No. 25 of 2002
(the Act”) and any of the terms that are in conflict with any of the compulsory
provisions of the Act will be deemed to have been modified so as to comply with
the Act.
9.
INTELLECTUAL PROPERTY AND RESTRICTIONS
OF USE
9.1. This site contains information which is
owned by or licensed to us, including but not limited to text, design, layout,
graphics, organization, magnetic translation, digital conversion and other
information related to the site. This information is protected under applicable
intellectual property laws and reproduction, distribution, publication or any
other use, either in whole or in part, other than in accordance with the next
paragraph is strictly prohibited. Without limiting the generality of the rights
granted to a user under applicable intellectual property law, you are granted a
non-exclusive, non-transferable, revocable license to:
9.1.1. access and use this site strictly in
accordance with these terms.
9.1.2. to use this site solely for personal,
non-commercial and lawful purposes.
9.1.3. to download, copy, print screen, use,
save or print out information from the site solely for personal, non-commercial
purposes, provided that all copyright and other intellectual property notices
therein are unchanged.
10. INTERACTIVE
ONLINE FORUMS
10.1. The access and use of any chatroom,
newsgroup, bulletin board, mailing list, transaction or other online forum
available on this site, shall be governed by the guidelines for Online Conduct
(see section 14 below) in these Terms and Conditions.
11. LINKS
TO AND FROM OTHER SITES
11.1. You may not create a link to this site
from a third-party site or document without our prior written consent.
11.2. Links to third party websites on the
site are provided solely for your convenience. If you use these links, you
leave the site. We have not reviewed all these third-party websites. We do not
control and are not responsible for these websites or their content or
availability. We therefore do not endorse or make any representations about any
third-party website, or any material found in such websites, or any results
that may be obtained from using them. If you decide to access any of the
third-party websites linked to the site, you do so entirely at your own risk.
11.3. If you would like to link to the site
and have our permission to do so, you may only do so on the basis that you link
to, but do not replicate, any page of the site, and subject to the following
conditions:
11.3.1. you do not remove, distort or otherwise
alter the size or appearance of Praxis Education logo or any of its related
subsidiaries;
11.3.2. you do not in any way imply that we are
endorsing any products or services other than its own;
11.3.3. you do not misrepresent your
relationship with us nor present any other false information about Praxis
Education;
11.3.4. you do not otherwise use Praxis
Education mark displayed on the site without express written permission from
us;
11.3.5. you do not link from any other site that
you do not have the necessary authority or permission to link from; and
11.3.6. the site you are linking from does not
contain content that is distasteful, offensive or controversial, infringes any
intellectual property rights or other rights of Praxis Education or any other
person or otherwise does not comply with all applicable laws and regulations.
11.4. We expressly reserve the right to revoke
the right granted in clause 11.3 for breach of these terms and to take any
action we deem appropriate.
11.5. You shall fully indemnify us for any
loss or damage suffered by Praxis Education or any of its group companies for
breach of clause 11.3.
12. VARIATION
OF TERMS
12.1. We reserve the right to modify these
terms or information set out in the site at any time and will publish notice of
any such modifications online. By continuing to access our site after notice of
such modifications has been published, you agree to comply with and be bound by
them. If you disagree with any of these modifications, you must immediately
cease your use of our site.
13. GUIDELINES
FOR ONLINE CONDUCT
13.1. You agree to use the site in accordance
with all applicable laws.
13.2. We respect the constitutional right to
freedom of speech and encourage robust intellectual debate. Your right to free
speech is subject to the provisions of the Constitution.
13.3. You agree not to post any advertising or
any form of commercial solicitation, including, but not limited to, spamming anywhere
on the site.
13.4. You agree not to post any content that
contains viruses or other harmful items anywhere on the site.
13.5. We reserve the right to remove content,
block access or take other action which we deem appropriate in the
circumstances against any content which violates the above rules and
guidelines.
13.6. If a third-party claims that any
material you have contributed to a site is unlawful, you will bear the burden
of establishing that the material complies with all applicable laws.
13.7. You agree that you will not access or
attempt to access any other user’s account or misrepresent or attempt to
misrepresent your identity while using the sites.
13.8. You agree that you will not restrict or
inhibit any other user from using and enjoying the sites.
13.9. You agree that you are responsible for
maintaining the confidentiality of your account and password, if any, and for
restricting access to your computer, and agree to accept responsibility for all
activities that occur under your account or password.
13.10. We respect the intellectual property of
others. If you believe your copyright has been violated on a site hosted by us,
please give notice at: a.vanwyk@almacambridge.org.za. We will, upon receipt of
such notice and confirmation that such copyright has been violated, use all
reasonable means to remove the infringing content and inform the person that
posted it of such removal and the reason therefor.
14. DATA PROTECTION
14.1. The “Client” being a data subject and further, as the duly
authorised representative of the said Client, hereby acknowledge that Praxis
Education has been engaged or may possibly be engaged to render or potentially
render a wide range of educational services and therefore consent thereto that Praxis
Education collects, hold, organise, store, use, administer and process the
Client’s personal information for this purpose. The personal information (the
“information”) in relation to this consent is:
14.1.1. the Client’s contact – and invoicing details (including email
addresses, fax and phone numbers, physical, postal and website addresses VAT
and Tax Numbers, banking details), FICA documents in terms of the Financial Intelligence Centre Act 38 of 2001 (as amended),
the verification of the Client’s details and shall include credit check(s) on
the Client and key decision-makers.
14.2. The Client acknowledges that it has the right to:
14.2.1. request a list of the names and addresses of any potential
recipients of the information;
14.2.2. to review and correct the Information;
14.2.3.
The Client
acknowledges that information may be requested
and shared in terms of its PAIA Manual; and
14.2.4. to request the return or destruction of the Information once it is
no longer required under the engagement with Praxis Education or by law.
14.3. Praxis Education undertakes that all personal information will be
held securely to the standard directed by the Protection of Personal
Information Act 4 of 2013 as amended (the “Act” or “POPIA”) and that it has
bound its service providers (“Operators”) to a similar standard as required and
prescribed by POPIA.
15.
APPLICABLE AND GOVERNING LAW
This
site is hosted, controlled and operated from the Republic of South Africa, and
South African Law governs the use or inability to use this site and these terms
and conditions of use. South African courts have jurisdiction in the event of a
dispute of any nature whatsoever arising between parties.
16.
CONTACT INFORMATION / DOMCILIUM CITANDI
ET EXECUTANDI
The
PRAXIS EDUCATION may be visited or contacted at the following addresses:
Postal
address:
Praxis
Education
PO
Box 2980
Krugersdorp
1740
South
Africa
Telephone:
+27 11 660 7584
Fax:
+27 86 601 4138
Email
address: info@praxisonline.co.za