TERMS AND CONDITIONS
Kindly note that these terms and conditions may not be copied or used, in part or whole, without the express written permission of FAR SOUTH TUTORS: +27 83 443 0506.
Web site: www.farsouthtutors.co.za
1. USAGE
1.1 Persons using the Far South Tutors web site for any reason
whatsoever, subject themselves to and agree to the terms and
conditions of Far South Tutors when accessing the web site as
set out below.
1.2 This web site is intended to provide the user with information
regarding Far South Tutors, its products offered and/or services
rendered.
1.3 Users that wish to use content from this site for any purpose
may only do so with prior written permission.
2. INTELLECTUAL PROPERTY RIGHTS
2.1 All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Far South Tutors, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
3. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002
3.1 The full address of the web site owners are detailed hereunder.
3.2 The web site address of this web site is: www.farsouthtutors.co.za.
3.3 Membership of self-regulatory or accreditation bodies: NONE
3.4 Codes of conduct to which this web site subscribes: NONE
3.5 Main business: Providing language tutoring to students
3.6 Manner of payment: Payment via electronic transfer, depositing
of a cheque, cash deposits or via debit order (if so arranged)
into the account number as detailed on the invoice that gets
emailed to the user.
3.7 Records of transactions: A user may access a full record
of his transactions by emailing Far South Tutors at info@farsouthtutors.co.za
4. AGREEMENT
4.1 Far South Tutors may remove any service rendered and/or
services offered from its website at its sole discretion if
no documents are available.
4.2 An agreement between Far South Tutors and a user shall only
come into effect if and when:
4.2.1 An electronic transfer is reflected on Far South Tutors's
bank statement.
4.2.2 A direct deposit, cheque or cash is reflected on Far South
Tutors's bank statement.
4.2.3 An acknowledgement of the transactions concluded has been
sent to you, the user.
4.3 Far South Tutors reserves the right to refuse to accept
and/or execute an order without giving any reasons therefor.
Far South Tutors also reserves the right to cancel orders in
whole or in part in Far South Tutors's sole and absolute discretion.
Far South Tutors shall only be liable to refund monies already
paid by the user.
4.4 By using this web site or communicating with Far South Tutors
by electronic means, the user consents and acknowledges that
any and all agreements, notices, disclosures, or any other communication
satisfies any legal requirement, including but not limited to
the requirement that such communications should be "in
writing".
5. CHANGES AND AMENDMENTS
5.1 Far South Tutors expressly reserves the right, in its sole
and absolute discretion, to alter and/or amend any criteria
or information set out in this web site without prior notice.
5.2 Far South Tutors reserves the right to change and amend
the prices and rates quoted on this web site without any notice.
5.3 The user undertakes to check Far South Tutors frequently
and to acquaint themselves with the changes and/or amendments
in the information supplied on the web site.
6. PRIVACY POLICY
6.1 Far South Tutors protects the user's privacy:
6.2 No personal information will be disclosed to third parties
without the user's permission or due process.
6.3 Far South Tutors gathers and will be in possession of the
following private and personal information:
6.4 Information provided by the user voluntarily - this information
is used to provide a better service to users;
6.5 Information automatically provided (e.g. cookies) - this
information is gathered to better your browsing and interaction
with Far South Tutors. Cookies cannot harm your computer or
carry viruses; and
6.6 By using this web site the User consents to the following:
6.6.1 Far South Tutors may use your personal information to
communicate with the user from time to time. Users may indicate
if they do not wish to receive such communications; and
6.6.2 Far South Tutors may use user's information for non-personal
statistical purposes.
6.6.3 Far South Tutors retains the copyright in databases of
personal information of users.
7. LINKING AND FRAMING
7.1 It is expressly prohibited for any person, business, entity
or web site to link to any page on this web site, including
the home page, without the prior written approval of Far South
Tutors.
7.2 It is expressly prohibited for any person, business, entity,
or web site to frame any page on this web site, including the
home page, in any way whatsoever, without the prior written
approval of Far South Tutors.
8. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
8.1 No information or data on this web site is an offer, but
merely an invitation to do business.
8.2 No agreements shall be concluded merely by sending a data
message to this web site or its owners, valid agreements require
an acknowledgement of receipt from this web site.
9. SEARCHING TECHNOLOGY
9.1 The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from this web site is not permitted if such technology will result in slowing down this web site' server or copyright infringement of any data and information available from this web site. Data and information may only be used in compliance with sections 5 to 8 hereof.
10. LINKS TO THIRD PARTY SITES
10.1 Far South Tutors may provide links to the user only as
a convenience and the inclusion of any link does not imply Far
South Tutors's endorsement of such sites.
10.2 Linked web sites or pages are not subject to the control
of Far South Tutors. Far South Tutors shall not be held responsible
or liable, directly or indirectly, in any way for the contents,
use, or inability to use or access any linked web sites or any
links contained in a linked web site
11. SECURITY OF INFORMATION
11.1 All reasonable steps will be taken to secure a user's
information.
11.2 It is expressly prohibited for any person, business, or
entity to gain or attempt to gain unauthorised access to any
page on this web site, or to deliver or attempt to deliver any
unauthorised, damaging or malicious code to this web site. Any
person who delivers or attempts to deliver any unauthorised,
damaging or malicious code to this web site or attempts to gain
unauthorised access to any page on this web site shall be held
criminally liable, and in the event that Far South Tutors should
suffer any damage or loss, civil damages will be claimed.
12. DISCLAIMER
12.1 Subject to the provisions of sections 43(5) and 43(6)
of the Electronic Communications and Transactions Act, Far South
Tutors shall not be liable for any damage, loss or liability
of whatsoever nature arising from the use or inability to use
this web site or the services or content provided from and through
this web site. Furthermore, Far South Tutors makes no representations
or warranties, implied or otherwise, that, amongst others, the
content and technology available from this web site are free
from errors or omissions or that the service will be 100% uninterrupted
and error free.
12.2 This web site is supplied on an "as is" basis
and has not been compiled or supplied to meet the user's individual
requirements.
It is the sole responsibility of the user to satisfy itself
prior to entering into this agreement with Far South Tutors
that the service available from and through this web site will
meet the user's individual requirements and be compatible with
the user's hardware and/or software.
12.3 Information, ideas and opinions expressed on this site
should not be regarded as professional advice or the official
opinion of Far South Tutors and users are encouraged to consult
professional advice before taking any course of action related
to information, ideas or opinions expressed on this site.
12.4 All items purchased from Far South Tutors are made pursuant
to agreements with shipping and delivery agents and risk of
loss pass from Far South Tutors to such agents upon delivery
of any item to such carrier.
12.5 Neither Far South Tutors nor any of its agents or representatives
shall be liable for any damage, loss or liability of whatsoever
nature arising from the use or inability to use any product
sold on this web site.
12.6 Far South Tutors does not warrant that documents created
by using this website shall render a website totally compliant
if such a site will be in future or is subject to compliance
with other laws. Far South Tutors only warrants compliance in
terms of chapter 7 of the Electronic Communications and Transactions
Act and section 51 of the Promotion of Access to Information
Act.
13. SEVERABILITY
13.1 These Terms and Conditions of Use constitute the entire agreement between Far South Tutors and you, the user of this web site. Any failure by Far South Tutors to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
13.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
14. APPLICABLE AND GOVERNING LAW
14.1 Subject to clause 15, this web site is hosted, controlled and operated from the Republic of South Africa, and thus the South African Law governs the use or inability to use this web site and these terms and conditions.
15. ARBITRATION AND DISPUTE RESOLUTION
15.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Far South Tutors, then such a dispute shall be submitted for mediation and/or arbitration.
16. CONTACT INFORMATION / DOMICILIUM CITANDI ET EXECUTANDI
16.1 If you have any questions, queries or wish to request
permission to use any part of this web site, including, linking,
framing, or searching, please contact us at: info@farsouthtutors.co.za.