TERMS AND CONDITIONS
THE USE OF THE OLG WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS. ACCESSING AND USING THE OLG WEB SITE OR ANY PART THEREOF IMPLIES THAT YOU (“USER”) AGREE TO THE TERMS AND CONDITIONS BELOW.
1.1 “Agreement” means this agreement, which by reference incorporates all other annexures and/or documents;
1.2 “Content” means, but not limited to text, graphics, images, videos, icons, links and other similar material on the Web site;
1.3 “Intellectual Property” means copyright (including but not limited to literary-, artistic-, musical- works, photographs, computer programs and sound recordings), patents, trademarks (incl. domain names, meta tags), confidential information, trade secrets and design rights (including all applications);
1.4 “OLG” means Open Learning Group (Pty) Limited, with registration number 1997/020392/07;
1.5 “The OLG web site” means this Web site and all its pages and Content, owned and operated by OLG and located at www.olg.co.za
1.6 “OLG Software” means the software available from the OLG Web site;
1.7 “User” means any person referring to and/or making use of the OLG web site, directly or indirectly, in whatsoever capacity.
2.1 Company name: Open Learning Group (Pty) Ltd.
2.2.1 Mr JA Breed
2.2.2 JC Schoonraad
2.3 Physical & Postal Address: Click here to view
2.4 Tel numbers: Click here to view
2.5 Email: Click here to view
2.6 Email: email@example.com (email address you can use if you have questions or problems with regards to the OLG web site)
2.7 Type of Business: Click here to view
LIMITED LICENSE TO USERS
3.1 OLG grants to the User (general and registered User), subject to these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
3.2 This Web site and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of OLG.
3.3 The User may not:-
3.3.1 collect product or service listings, descriptions or other information displayed on the OLG Web site, and allow any derivative use or reproduction of the OLG Web site or the Content for the benefit of another party.
3.3.2 frame nor use framing technologies to enclose the OLG Web site or the Content nor any part thereof; or
3.3.3 “mirror”, datamine, by way of , but not limited to, robots, crawlers or other similar programs, or cache the OLG Web site without the express written consent of OLG.
3.3.4 reverse engineer, modify, re-distribute, decompile or create a derivative work of the OLG Web site or software, or any part thereof without prior written authorisation from OLG;
3.3.5 use the OLG Web site’s communication facilities for purposes of unsolicited communications (“Spam”) or to send or publish any content that is in violation of any law or that is obscene, defamatory, racist or offensive of nature or which may result in the infringement of intellectual property;
3.3.6 assign, transfer or sublicense the rights pursuant to this Agreement; or
3.3.7 upload any damaging code or viruses through the utilisation of the OLG Web site login facility (where applicable).
3.4 OLG and its affiliates, subsidiary or licensors reserve the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in their sole discretion.
3.5 OLG does not offer products or services to minors. If the User is under the age of 18, the User may not respond to or otherwise accept or act upon any invitations to do business in the OLG Web site.
3.6 In all of the aforesaid licensed rights, OLG must be acknowledged as the source of the material and OLG’s contact details must be reflected accordingly;
3.7 The User’s fair use and other rights are in no way affected by the above;
3.8 Restricted access (need to register)
3.8.1 Access to certain areas of the OLG Web site is restricted. OLG reserves the right to restrict access to those areas of the OLG website, or indeed the whole OLG Web site, at the discretion of OLG.
3.8.2 If OLG provides the User with a user name and password to enable the User to access restricted areas of the OLG Web site or other content or services, the User must ensure that the username and password are kept confidential.
3.8.3 OLG may disable the User’s username and password in OLG’s sole discretion without notice or explanation.
3.9 Hyperlinks to and from OLG Web site
3.9.1 This OLG Web site may contain links to other Web sites operated by third parties. OLG does not endorse the operators and / or owners of third party websites, or operate or control in any respect any of the information, graphics and material on those third party Web sites or guarantee that the website will be operational at all times;
3.9.2 Links to third party websites are included solely for the convenience of Users. The User therefore assumes sole responsibility for the use of a third party Web site;
3.9.3 OLG makes no warranties or representations regarding the quality, accuracy, reliability, legality, merchantability or fitness for purpose of third party Web site content or products or services available through third party Web sites or that third party Web site content does not infringe the intellectual property rights of any person.
3.9.5 Hyperlinks to the OLG Web site will be allowed, subject to the following conditions:
188.8.131.52 Submit request to hyperlink to OLG, reflecting the details of your organisation and particular web site that will host the hyperlink to OLG web site;
184.108.40.206 On acceptance of your request you will receive a Linking Agreement to be signed and submitted to OLG. On receipt of this agreement we will forward you the necessary hyperlinks, logo(s), slogans etc.; and
220.127.116.11 Authorisation to link to the OLG Web site shall not create and/or constitute an employer/employee relationship or an agency or a partnership in any shape or form whatsoever between the User and OLG nor authorise the User to incur any liability on behalf of OLG.
INTELLECTUAL PROPERTY RIGHTS
4.1 The Intellectual Property available on the OLG Web site or obtained via the interaction between itself and the Users are the property of OLG or licensed to OLG and may not be utilised outside the licensed terms as set out under these Terms and Conditions;
4.2 The names, images and logos identifying OLG or third parties and their services and products are subject to copyright, design rights and trademarks of OLG and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of OLG or any other third party;
4.3 E-mail addresses, names, telephone numbers and fax numbers published on the OLG Web site may not be incorporated into any database used for electronic marketing or similar purposes. The presentation of such details is no “opt-in” / permission from OLG to utilise same.
4.4 OLG would be pleased to consider requests for permission to disseminate or use OLG Content outside the scope of the license terms set out under above, provided that our written approval is obtained in advance. To obtain approval please contact us at: firstname.lastname@example.org
ADDITIONAL INFORMATION TO THE USER AS CONSUMER
Further disclosure requirements to the User as consumer:
5.1 Full price of goods or services available from OLG:
5.1.1 Access to OLG Web site (including Logon facility) – free, however certain restricted areas may require a student number; and
5.1.2 Service Fees: Fees to be determined by OLG from time to time. For more information on fees for a particular programme, kindly contact the OLG offices at the above contact details for current prices or such contact details made available under a particular programme details.
5.2 Services available:
5.2.1 Programmes: Various programmes are available at OLG. Click here to view them.
5.2.2 Other Services: See how OLG supports other education and training institutions by clicking here
(OLG reserves the right to add, remove or amend any of these programmes without notification.)
5.3 Student Registration / Applications – Take note that each programme has its own application rules and forms. To view these, simply click on the particular programme and view the details.
5.4 For more information, Terms and Conditions in terms of the respective Services, i.e. entrance requirements, registration dates, applicable sessions / format of training / examination and assignment information and payment conditions, contact us.
5.5 Open Learning Group is registered with the Department of Higher Education and Training as a private higher education institution under the Higher Education Act, 1997 – Registration Certificate No.:2009/HE07/005.
5.6 Open Learning Group (Pty) Ltd is an accredited ETDP SETA provider with extensions of scope at both W&RSETA: Provider A/C code 76 and TETA: TETA12-293.
6.1 Although OLG is not obliged to provide security on the OLG Web site it is important that Users information or any communication between Users and OLG is dealt with in the most secure manner reasonably possible, however because of the nature of the internet OLG cannot warrantee that the User’s communications with OLG via the Web site is completely secure.
6.2 To provide adequate security to all Users of the website and to monitor activities prohibited under law the User hereby agrees to OLG’s right to intercept, monitor, block, read, delete or access all data sent to the website or any other OLG communication facility, e.g. online via the OLG Web site, email, Instant messaging – or fax to email application.
6.3 It is our policy to virus check documents and files before they are posted on this website. However, OLG cannot guarantee that documents or files downloaded from this website will be free from viruses and OLG do not accept any responsibility for any damage or loss caused by any virus. Accordingly, for the User’s own protection, the User must use virus-checking software when using this Web site. Further, the User shall not post or provide to OLG via this Web site, any document or file that may contain a virus. The User must virus-check any document or file which the User intend to post or provide to us via this website. The User hereby indemnify OLG, its service providers and affiliates against any possible damages, expenses or losses as a result of delivering computer programs or any other code that may damage this Web site or OLG or its service provider’s infrastructure.
LIMITATION OF LIABILITY
7.1 OLG Web site and all materials found on the Web site are intended for information purposes and provided “as is” without any warranty, representation, condition, undertaking, or terms of any kind, express or implied, statutory or otherwise, including without limitation, the warranties of merchantability, non-infringement of intellectual property, fitness for a particular purpose or suitability of the information, software or services;
7.2 OLG further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the OLG Web site. OLG may make changes / amendments to the OLG website, the policies, information described in the materials or content of these Terms and Conditions, at any time without notice. OLG reserves the right to vary or amend these terms and conditions from time to time. Any changes shall take effect upon posting to this website. OLG makes no commitment to update the materials and may discontinue any part of the OLG website or services or certain software or version of certain software for the utilisation of the OLG Web site;
7.3 OLG, its directors, employees or its service providers will not be liable for any special, direct, indirect or consequential damages, expenses or losses whatsoever, including loss of profits or data, any delays, whether in an action in contract or delict, arising out of the use or inability to use the OLG Web site or performance of the OLG website or non-performance of the OLG Web site, i.e. OLG Web site not available as a result of 3rd party service providers, maintenance, enhancements, events outside the control of OLG or force majeure events, even if OLG have been advised of the possibility of such damages.
AGREEMENTS AND E-COMMUNICATIONS
8.1 Formation and validity of this OLG Web site agreement
The User agrees that:
8.1.1 If the User is aged 18 or under, that the User will first get its parent/guardian’s permission beforehand whenever said User provides personal information to the OLG Web site. Users without this consent are not allowed to provide OLG with personal information.
8.1.2 Except for Clause 8.1.1 above, the User is at least 18 years of age and possesses the legal right and ability to enter into this Agreement and to use this Web site in accordance with all Terms and Conditions herein;
8.1.3 All information that is incorporated by using hyperlinks and / or other methods of reference form part of this agreement; and
8.1.4 All services and / or products available on the OLG Web site are invitation to do business and not an offer.
8.2 Time and Place of communication, dispatch and receipt
8.2.1 Data messages sent from OLG to the User have been sent from OLG’s place of business;
8.2.2 Data messages sent from OLG to the User is deemed to be received by the User when complete message are outside the control of OLG (left the system of OLG); and
8.2.3 Data messages from the User to OLG are deemed to be received by OLG only when OLG responds thereto. Such acknowledgement further does not give legal effect to that message, unless specifically indicated by OLG that it does give legal effect to the message.
8.3 Expression of intent
8.3.1 The User acknowledges that all agreements, authorisation or request under this agreement satisfies the “writing” requirement; and
8.3.2 For purposes of electronic communications between User and OLG no electronic signature is required. The mere sending of data messages or browsing of our Web site demonstrates the User’s intent to be a party to this agreement.
8.4 Attribution of data messages to originator
8.4.1 The User agrees and warrants that the data message sent, from any computer or device that is owned by the User or the User’s employer or programmed by the User or on the User’s behalf, to OLG was sent by the User or a person that had authority to act on the User’s behalf in respect of the data message.
These Terms and Conditions and the User’s access to the Web site may be terminated at any time by OLG without notice. All restrictions, disclaimers and limitations of liability by OLG will survive termination, however, the User will no longer be authorised to access the Web site. Any unauthorised use terminates this license immediately.
10.1 If the User is in breach of the Terms and Conditions of this Web site, OLG reserves the right to, without prejudice to any rights which it may have in terms hereof or at law, to:
10.1.1 immediately suspend services available to User; and / or
10.1.2 order for specific performance and damages; and / or
10.1.3 terminate this Agreement and claim damages; and / or
10.1.4 Institute criminal procedures where applicable and necessary;
10.2 All costs, charges and expenses of whatsoever nature which may be incurred by OLG in enforcing its rights in terms hereof including, without limitation, legal costs on the scale as between an attorney and own client and collection commission, irrespective of whether any action has been instituted, shall be recoverable from you if the above rights are successfully enforced.
GENERAL AND MISCELLANEOUS
11.1 Sole record of Agreement
These Terms and Conditions constitute the sole record of the agreement between the User and OLG with regard to the subject matter hereof. No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.
11.2 No amendments except in writing –
11.2.1 No addition to, variation of, or agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by or on behalf of the User and OLG; and
11.2.2 No data message as defined above, including but not limited to an e-mail, SMS and recorded voice message, sent by User to OLG shall amend this agreement or the rights and duties of the parties in any manner, unless such a data message is reduced to paper and signed by the parties;
11.3 Waivers –
No relaxation or indulgence, which any party may grant to any other, shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in future.
11.4 Survival of obligations –
Any provision under these Terms and Conditions, which contemplates performance or observance subsequent to any termination, or expiration of this Agreement shall survive any termination or expiration of this Agreement and continue in full force and effect.
11.5 Severability –
If any one or more of the clauses of these Terms and Conditions shall be declared or adjudged (formally or informally) by competent authority to be illegal, invalid or unenforceable under any law applicable in any jurisdiction in which these Terms and Conditions is to be performed, including this clause :
11.5.1 That clause shall be deemed for all purposes to be severable from all the other clauses of these terms and conditions, which clauses shall continue in force unaffected; and
11.5.2 The Terms and Conditions thus continuing shall (subject and without prejudice to any appeal to higher authority as to the status of that clause) exclude the offending clause but, if such deletion substantially affects or alters the commercial basis of these Terms and Conditions, the terms and conditions, including such provision, shall be amended in such manner as the parties shall in good faith agree which will, while not being void or unenforceable, most nearly achieve the object of the allegedly void or unenforceable provisions.
Users may lodge complaints with regard the OLG Web site with OLG at e-mail: email@example.com
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. The parties further agree to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg, which shall have exclusive jurisdiction over any dispute that may arise from these Terms and Conditions.
Open Learning Group engages third parties that help it deliver its banner advertisements and other online communications. The third parties may collect and use information about Open Learning Group customers to help us understand the offers, promotions, and types of advertising that are most appealing to its customers. The personal information they collect is aggregated and cannot be linked to a person. If you do not wish your personal information to be used in this way, please notify us. Third party vendors, including Google and DoubleClick, show Open Learning Group’s ads on sites on the internet.
Do you have any questions?
Open Learning Group (Pty) Ltd ‐ Reg No. 1997/020392/07 a subsidiary of Open Learning Holdings (Pty) Ltd ‐ Reg No. 1998/009375/07 Open Learning Group is registered with the
Department of Higher Education and Training as a private higher education institution under the Higher Education Act, 1997 ‐ Registration Certificate No.: 2009/HE07/005.