Terms and Conditions
- Introduction
- This website can be accessed at emetgroup.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Emet Academy of Learning Pty Ltd (“Emet Group”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by completing the registration form on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to view the services and/or products we offer and for registered uses to enter the student portal for training. It also offers registered users to make payment for services/and or products.
- When you use our Website, notwithstanding your geographic location, you do
so in accordance with these Terms and Conditions.
- Important Notice
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Emet Group or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Emet Group or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Emet Group to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Emet Group in terms of the CPA.
- Emet Group permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Cancellations
- Please refer to our Refund/Cancellation policy for more information about cancellations (and related refunds). The Refund Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
- Registration and use of the website
- Only registered users may access the student portal and view classes.
- To register as a user, you must register by completing the registration process. You will receive a username and temporary password. When you first access the student portal you will be guided to change your password to a unique password.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever accessing the system, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify Emet Group immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that 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 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 these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Emet Group representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Emet Group representative.
- Conclusion of sales and availability
- Registered users may access the student portal or pay for courses, which Emet Group may accept or reject. Whether or not Emet Group accepts an student depends on the availability of courses, correctness of the information relating to the courses (including without limitation the price) and receipt of payment or payment authorisation by Emet Group for the courses.
- NOTE: Emet Group will indicate the acceptance of your enrolment by granting access to you or allowing you to enter the online student portal, and only at that point will an agreement of sale between you and Emet Group come into effect (the “Sale”). This is regardless of any communication from Emet Group stating that your enrolment or payment has been confirmed. Takealot will indicate the rejection of your enrolment by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to the start of a course, you may cancel an enrolment at any time provided you do so before receiving access to the online student portal.
- You acknowledge that availability of all courses on offer is limited and that pricing may change at any time without notice to you. In the case of courses for sale by Emet Group, Emet Group will take all reasonable efforts to monitor availability and ensure that when courses are no longer available, that offers thereof are discontinued on the Website
- Payment
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the courses are for sale by Takealot, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
- debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold access until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your enrolment for the courses will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the courses. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold access until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your enrolment for courses will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the courses. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within the stipulated timeframe of the registration process. Emet Group will not accept your enrolment if payment has not been received;
- Instant EFT;
- You may contact us via email to obtain a full record of your payment. We will also send you email communications about your order and payment.
- Once you have selected your payment method you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
- Privacy policy
- We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
- Changes to these Terms and Conditions
- Emet Group may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
- Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
- Electronic communications
- When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy.
- Ownership and copyright
- The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Emet Group.
- You will not acquire any right, title or interest in or to the Website or the Website Content.
- Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
- Disclaimer
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
- Whilst Emet Group takes reasonable measures to ensure that the content of the Website is accurate and complete, Emet Group makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Emet Group representatives, Emet Group shall not be bound thereby.
- Emet Group disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
- The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Emet Group also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Emet Group, its employees, agents or authorised representatives. Emet Group thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
- Linking to third party websites
- This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third Party Websites and Emet Group is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
- Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
- Limitation of liability
- Emet Groupcannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Emet Group, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of sending us an official email to admin@emetgroup.co.za
- EMET GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- YOU HEREBY INDEMNIFY EMET GROUP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
- Availability and termination
- We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
- Emet Group may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Emet Group will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- At any time, you can choose to stop using the Website, with or without notice to Emet Group.
- Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
- Notices
- Emet Group hereby selects Building A, Willovale office Park, 15 van Hoof street, Ruimsig, Gautent, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Emet Group may change this address from time to time by updating these Terms and Conditions.
- You hereby state your legal address on all registration forms, but you may change it to any other physical address by giving Emet Group not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
- Complaints
- If you have a complaint about the services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via email on admin@emetgroup.co.za.
- Information
- For the purposes of the ECT Act, Emet Group’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- Full name: Emet Academy off Learning Reg nr: 2014/133903/07
- Main business: Online Bible School
- Physical address for receipt of legal service (also postal and street address): Building A, Willovale office park; 15 van Hoof street, Ruimsig, Gauteng, South Africa
- For the purposes of the ECT Act, Emet Group’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
- Phone number: +27 64 751 6218
- Email address: admin@emetgroup.co.za
- Intellectual property complaints: admin@emetgroup.co.za
- General
- Emet Group may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Emet Group to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and Emet Group and no other warranty or undertaking is valid, unless contained in this document between the parties.
- Emet Group may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.