Updated 2 May 2013
1. Introduction
1.1. Please read these terms and conditions carefully before using Mydreamcourse.co.za, operated by My Dream Course cc.
1.2. These website terms of use and our Privacy Policy as amended by us from time to time ("terms") govern your use of our website, http://www.mydreamcourse.co.za and any and all services (including online community message boards ("Community Areas") and when leaving a review of a course ("Course Reviews")) that we make available on or through our website. By using our website, you are agreeing to these terms, whether you are just browsing (a "Visitor") or whether you are a registered user (a "Member"). Please stop using our website if you do not agree to these terms.
1.3. We may revise these terms at any time at our sole discretion. If we do, we will notify you on our home page. Please also check back regularly for updates: you can easily determine whether changes have been made by confirming the version date at the top of these terms. Your continued use of our website means that you agree to these terms, as revised.
2. Registration/Password
2.1. Although portions of our website may be visited by any Visitor, you
will need to register as a Member to be able to request more information
from course providers or to register for a course.
2.2. Student registration on our website is free.
2.3. To register as a Member, you must either:
2.3.1.1. confirm that you are over 16 years of age; or
2.3.1.2. if you are less than 16 years of age, please see below.
2.4. You agree that any information you provide to us about yourself upon registration or at any other time will be true, accurate, up to date and complete. We reserve the right to terminate your membership and access to our website if we learn that you have provided false or misleading information.
2.5. When you register to use our website, you will be asked to create a username and password. You agree not to divulge your password to any other person. You are responsible for maintaining the confidentiality of your password, and will be fully responsible for all liabilities arising in connection with your password's use (or misuse), whether such use or misuse is with or without your knowledge or approval. If you suspect that someone else knows of or is using your password, you must notify us immediately by emailing us.
2.6. If you forget your password, please click on the ‘Forgot your Password?” link on the website and follow the online instructions.
2.7. We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorized person.
3. Under 16 years of age
3.1. If you are under 16 years of age and want to become a Member, you must obtain a parent or guardian's permission before registering on our website. You may also discuss these terms with them before obtaining their permission.
3.2. Mydreamcourse.co.za encourages parents, teachers and guardians to spend time online with their children and to participate in the activities offered on the sites. No information should be submitted to or posted at mydreamcourse.co.za by guests under 13 years of age without the consent of their parent, teacher or guardian.
4. Your use of our website
4.1. For the purposes of these terms, "Content" refers to all data, text, logos, artwork, software, documents, images, photographs and other materials you may upload to or download from our website including information about yourself, information about certain courses.
4.2. You must ensure that any Content that you submit to our website:
4.2.1. does not infringe any third party's Intellectual Property Rights
("Intellectual Property Rights" means registered and / or unregistered
copyright, database rights, trade marks, design rights and other intellectual
and proprietary rights of whatever nature, and all applications for such
rights, anywhere in the world);
4.2.2. does not breach any applicable law;
4.2.3. is not defamatory, profane, sexually or racially offensive or discriminating,
harassing, threatening, obscene, pornographic, false, unreliable or misleading
or otherwise objectionable in our opinion; or
4.2.4. does not disrupt the communications of the online community or Community
Area on our website.
4.3. You agree that you will not use our website:
4.3.1. for commercial purposes or to obtain financial gain without our prior
written consent;
4.3.2. to send chain letters, junk mail, 'spam', business or bulk communications
of any kind;
4.3.3. to advertise a company, product or service of any educational establishment
except under the terms of a written advertiser agreement that we have entered
into with you;
4.3.4. in a way, that might reasonably be expected to cause another person's
computer systems and/or their communications network to be interrupted, damaged
or rendered less efficient;
4.3.5. to obtain personal information from "Users" (which means "Members" and "Visitors")
under the age of 16 or from anyone if such information is gathered deceptively
or in a non-transparent way;
4.3.6. to obtain passwords or personal identifying information for commercial
or unlawful purposes from other Users;
4.3.7. to attempt to impersonate another User; or
4.3.8. to harass, threaten or intimidate any User.
4.3.9. You will be for responsible for logging out from your registered
account at the end of each session on our website.
4.3.10. If you are a Visitor, you agree not to obtain unauthorized access
to areas of our website reserved for Members.
4.3.11. If you are aware of anything on our website that appears to infringe
these terms, you agree to contact us immediately.
5. USE LIMITATIONS
5.1. The customer acknowledges and agrees that-
5.1.1. he is aware and will stay aware of and shall at all times comply
with all statutory or other regulatory provisions and rules applicable
to the
provision and use of the services from time to time;
5.1.2. he shall make use of the services in a responsible, prudent, lawful
and honest manner;
5.1.3. he shall comply with any directions, instructions and limitations
issued or notified by mydreamcourse.co.za from time to time in connection
with the services;
5.1.4. he shall not use any service in a manner which -
5.1.4.1. constitutes a violation of any law, regulation or tariff that
may be in force in South Africa or elsewhere. In particular the subscriber
undertakes
to familiarise himself and ensure that he is kept continuously appraised
of all such laws, regulations and tariffs in force from time to time which
may have any bearing on the services rendered and products provided by
mydreamcourse.co.za and/or the customer's access to or use thereof;
5.1.4.2. constitutes an act or omission that is generally unacceptable
or offensive to internet users in general, to the public at large or as
same
may be determined by mydreamcourse.co.za from time to time in its sole
and absolute discretion, specifically including (but not limited to) the
hosting
of pornographic material, spamming, hacking, unsolicited mailing etc.;
5.1.4.3. is defamatory, fraudulent or deceptive;
5.1.4.4. is intended to threaten, harass, nuke or intimidate;
5.1.4.5. tends to damage the name or reputation of mydreamcourse.co.za,
its holding company, affiliates and subsidiaries; or
5.1.4.6. interferes with the use and enjoyment of internet related services
of other customers of mydreamcourse.co.za;
5.1.4.7. the services to be rendered to him shall be as defined and subject
to such limitations as may be notified from time to time by mydreamcourse.co.za;
5.1.4.8. he is aware of the limitations of all relevant services and that
service quality and coverage available shall be limited to that supported
by the infrastructure of mydreamcourse.co.za, its network providers and
Telkom SA Limited ("Telkom") and that service may from time to time be
adversely affected by a number of different causes;
5.1.4.9. he shall not hold mydreamcourse.co.za, any of its employees, directors,
agents or representatives liable for any non-availability of service or
for any other reason whatsoever, save as specifically set out in 5;
5.1.4.10. he shall not commit any act or omission which may have an adverse
technical effect on the integrity or functionality of the network infrastructure
of mydreamcourse.co.za or that provided or made available to the customer
by or through mydreamcourse.co.za . If any act or omission of the customer
has such an adverse technical effect the customer shall, on receiving notification
to that effect from mydreamcourse.co.za , forthwith take such steps as
may be necessary to rectify the situation at his own cost and expense,
failing
which mydreamcourse.co.za shall be entitled, without prejudice to its other
rights in terms hereof or at law, to forthwith suspend the service and
terminate this agreement;
5.1.4.11. unless otherwise agreed by mydreamcourse.co.za in writing, he
shall not resell or make available to third parties, in any manner whatsoever
and
whether directly or indirectly, the services provided to him by mydreamcourse.co.za
; and
5.1.4.12. he shall take whatever steps may be necessary to ensure the safekeeping
and confidentiality of all identification codes and passwords furnished
by mydreamcourse.co.za for use by the customer and shall specifically not
disclose
same to any third party without mydreamcourse.co.za prior written consent.
6. Content posted
6.1. We have a software tool which monitors Content on our website. While
we hope that it removes the majority of inappropriate content, it is
not 100% reliable - no software tool is. None of the views expressed
in the
Content are the views of My Dream Course - we are just providing a platform.
You
acknowledge that all Content is the responsibility of the person who
posted, emailed or otherwise provided the Content to our website. You
acknowledge
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. We are not responsible in any way for any
Content - and if you post, email, upload or otherwise provide Content,
you are
entirely responsible for it.
6.2. However, we operate a "take down and notice" procedure. If
you believe that any Content is defamatory, profane, sexually or racially
offensive or discriminating, harassing, threatening, obscene, pornographic,
false, unreliable, misleading, or otherwise objectionable, or infringes intellectual
property or other legal rights please notify us immediately by contacting
support@mydreamcourse.co.za . We will investigate each matter notified to
us and will act in our sole discretion.
6.3. If you post Content which is found to be in breach of these terms,
we reserve the right to deactivate your username and password to prevent
you
from further access to our website as a Member.
6.4. By submitting Content to our website:
6.4.1. you grant us a royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and communicate to the public
such Content;
and
6.4.2. you authorize us to adapt such Content and you agree to waive
your moral rights to object to any derogatory treatment, or to be identified
as the author, of the material in question.
6.4.3. You agree not to use the Website to send or submit for public
posting any libelous, slanderous, defamatory, abusive, obscene, profane,
sexually
explicit, threatening, harmful or illegal material, material containing
blatant expressions of bigotry, racism or hate, material encouraging
conduct that
would constitute a criminal offense, give rise to civil liability or
violate any local, state, national or international law, or other material
of any
kind that we find objectionable.
7. PAYMENT
7.1. The customer shall pay to Mydreamcourse.co.za all applicable charges,
tariffs, fees and other amounts ("charges") as may be set out
in Mydreamcourse.co.za's Schedule of Charges, as published and amended
by Mydreamcourse.co.za from time to time in its sole and absolute discretion
("the Schedule"), in respect of the provision of the services
to the customer in terms of this agreement.
7.2. All access charges that entitle the customer to receive the services
subscribed for, shall be payable in the manner as set out in the official
application form completed by the customer in respect of the relevant service
and where such charge is indicated as-
7.2.1. a monthly charge, the amount thereof shall be payable by the customer
to Mydreamcourse.co.za monthly in advance, on or before the relevant day
of the month as specified in the application form;
7.2.2. a once off charge, the amount thereof shall be payable by the customer
to Mydreamcourse.co.za in full in advance, on or before the relevant date
as specified in the application form, which payment is non-refundable even
if this agreement is terminated prior; or
7.2.3. an annual charge, the amount thereof shall be payable by the customer
to Mydreamcourse.co.za annually in full in advance, on or before the date
as specified in the application form, which payment is non-refundable even
if this agreement is terminated prior to such year.
7.3. All payments due to Mydreamcourse.co.za shall be effected in the manner
as specified in the application form or, at Mydreamcourse.co.za's request-
7.3.1. Direct deposit;
7.3.2. Online direct intent payment;
7.3.3. by way of a cheque drawn on a cheque account operated by a registered
bank; or
7.3.4. in cash, free of the cost of transfer of funds and without any deduction
or set-off.
7.4. Any payment due to Mydreamcourse.co.za not made on the due date thereof
shall bear interest at a rate of 2% (two per centum) above the prime rate
as quoted by Mydreamcourse.co.za's bankers from time to time, calculated
from the date payment was due until date of actual payment in full, capitalised
monthly in arrear.
7.5. Notwithstanding anything to the contrary contained herein, Mydreamcourse.co.za
shall be entitled to start charging a customer as from the day of commencement
of the service for the customer irrespective of whether the customer is
able to utilise the service at such time or not.
7.6. The customer shall, on demand, pay to Mydreamcourse.co.za all costs
and expenses incurred by Mydreamcourse.co.za in or about the enforcement
of the terms of this agreement.
8. VARIATION OF CHARGES AND TERMS
8.1. Mydreamcourse.co.za reserves the right and shall be entitled-
8.1.1. to vary any or all of its charges by publishing an amended Schedule,
such variation to have immediate effect unless otherwise stipulated therein;
8.1.2. to introduce additional charges for the provision of any service
at any time by publishing an amended or updated Schedule, such additional
charges
to be of immediate effect unless otherwise stipulated therein; and
8.1.3. to vary the terms and conditions of this agreement in its sole and
absolute discretion from time to time, provided that Mydreamcourse.co.za
shall take all reasonable steps to notify the customer of any such variation
by making the details thereof generally available to all customers. In
this regard the customer acknowledges and undertakes to familiarise himself
with
and ensure that he is kept continuously appraised of all such variations
from time to time;
8.1.4. to alter any name, code or number allocated by Mydreamcourse.co.za
for use in connection with the services and the customer hereby indemnifies
Mydreamcourse.co.za against any cost, loss or liability arising from such
alteration.
8.2. The customer hereby acknowledges that he is aware that all variations
in these terms and conditions shall be reflected in the terms and conditions
published on the Mydreamcourse.co.za internet site and that, by accessing
or connecting to the Mydreamcourse.co.za system and website, he hereby
binds himself to the terms and conditions in force at that time.
8.3. Subject to the remaining provisions of this agreement, the customer
shall be entitled to terminate this agreement by giving written notice
to Mydreamcourse.co.za within 10 (ten) days after the coming into effect
of
any such variation.
9. Intellectual Property Rights
9.1. You agree that our website and all Content contained in it are protected
by Intellectual Property Rights that either belong to or are licensed
to us.
9.2. You acquire no proprietary interest in our website or Content provided
by others or by us and may not use them in any way except as expressly
permitted by these terms.
9.3. You may view, print, download or temporarily store such Content
for your personal, non-commercial reference without alteration, addition
or
deletion. You may not otherwise copy, reproduce, retransmit, distribute,
publish, commercially
exploit or otherwise transfer such Content. You acknowledge that you
will not acquire any Intellectual Property Rights by downloading or
otherwise using any such Content.
10. Copyright
10.1. Except for material in the public domain under South African
copyright law, all material contained on the Website (including
all software, HTML
code, Java applets, Active X controls and other code) is protected
by South African and foreign copyright laws. Except as otherwise
expressly provided
in these terms and conditions, you may not copy, distribute, transmit,
display, perform, reproduce, publish, license, modify, rewrite,
create derivative
works from, transfer, or sell any material contained on the Website
without
the prior consent of the copyright owner.
10.2. You may make single copies of materials displayed on the
Website, but not source codes, for your own personal and non commercial
use
only, provided
any copies include the copyright and other notices displayed with
the materials on the Website. You may not distribute such copies
to others,
whether or
not for a charge or other consideration, without prior written
permission from us, or the copyright owner of the copied material.
Requests
to reproduce materials on the Website for distribution or other
purposes should be
mailed to: copyright@ezsearch.co.za
11. Copyright Infringement
11.1. We do not monitor user-submitted materials for copyright infringement.
If you believe that any material on the Website infringes your copyright,
you may seek to have the material removed by sending us a notice that
includes all of the following information:
11.1.1. your full name, address and telephone number
your e-mail address
identification of the copyrighted work(s) that you believe is being infringed
identification of the infringing material and information sufficient
for us to locate the material
your statement of good faith belief that (a) the material infringes your
copyrights, (b) the information provided in the notice is accurate and
(c) under penalty of perjury, you are authorized to act for the copyright
owner
your physical or electronic signature
Direct such notice to info@mydreamcourse.co.za
11.2. Upon receipt of notice complying with the above requirements, we
will act to remove infringing materials and, if applicable, send notice
to the
user that posted such materials on the Website.
11.3. If we remove materials posted by you as a user due to alleged copyright
infringement, you may seek to have the materials reinstated by notifying
our designated agent in writing and including the following information:
11.3.1. your full name, address and telephone number
your e-mail address
identification of the material that has been removed or to which access
has been disabled, including its location before it was removed or disabled
your statement under penalty of perjury that you have a good faith belief
that the material was removed or disabled as a result of mistake or misidentification
of the material
your physical or electronic signature
Upon receipt of a notice meeting the above requirements, we will send a
copy of the notice to the copyright owner who initially claimed copyright
infringement.
Within 10 to 14 days following receipt of the notice, we will replace or
enable access to the removed material unless we receive notice from the
copyright owner who submitted the first notification that it has filed
an action seeking
a court order to restrain the user that posted the materials from engaging
in infringing activity. Please note that parties who misrepresent that
materials are infringing or were removed by mistake or misidentification
are subject
to substantial civil liability to ourselves and/or the copyright owner
or Website user.
12. Source code
12.1. You agree not to view the source code or to disassemble any code
in the Website.
12.2. Using our name on your own site
12.2.1. This includes, but is not limited to, using our web site's
name, company name or logo on your own Internet web site's meta tags,
content
or source code to confuse or to divert users to your own web site based
on our
reputation and name, or to display your web site on search engines
when users are doing a search for our site or company.
12.2.2. You agree that we may request your web site to be removed immediately
and without notice from any directory or search engine if you have
used our web site's name, company name or logo on your own site without
our
written
permission.
13. Malicious intent and compensation for damages to our business
13.1. If you are viewing or retrieving any part of our site with malicious
intent, or if you intend on using any code or content to criticise
our business in any way to any third party, or to hamper, cause
damage or
to attempt to
stop the business from running in it's normal day to day dealings,
you agree that you will fully compensate us any revenue that has
been lost
as a result
from such action, and that you will pay the maximum interest allowed
by law. You further agree to pay all the legal and investigative
costs arising
from
any action that will be taken.
13.2. By viewing this site, you agree that we have been given your
full permission to retrieve your details from any other party without
the
requirement for
any legal documents or formalities, and that if it is suspected
that your intent is to cause harm to our business, that any terms
and
conditions applied by any third party to protect your identity
or privacy, will
immediately
become null and void.
14. Our Rights
14.1. We have the right in our absolute discretion to alter, edit,
remove, suspend or refuse any Content without notice, if we
consider that the
Content is objectionable or violates these terms or for any
other reason.
14.2. We may preserve or disclose the Content and your personal
details as well as any Content to any third party if such disclosure
is necessary:
14.2.1. for the purpose of maintaining our website;
by law; or
14.2.2. to respond to claims that our website infringes or
restricts the right of any party.
14.3. We may suspend or terminate your access to our website
at any time if you breach any of these terms.
15. Termination of Privileges
15.1. We reserve the right to terminate your privilege of using
all or any portion of the Website if you breach any of
these terms and
conditions
of
use. If we receive notice or otherwise discover that you
have posted material that infringes another party's copyright rights
or violates
another party's
rights of privacy or publicity, we may terminate your access
to the Website, including all of your privileges or accounts
that
you may
have established
in connection with the Website.
16. Warranties
16.1. Our website is provided on an "as is" and "as available" basis.
We expressly disclaim all warranties or representations of any kind, express
or implied, to the fullest extent permitted by law.
16.2. You understand and agree that we do not guarantee
the accuracy, relevancy or completeness of any information
in
or provided on
or from our website.
We are not responsible for any errors or omissions
or for the results obtained from the use of such information.
Our website
is provided
for the general
information of the general public.
16.3. Your use and participation in our website and
services are solely at your own risk. No advice or
information,
whether oral
or written,
obtained by you from our website shall create any warranty
not expressly made in
these
terms or imposed by law.
16.4. We make no warranty that our website will meet
your requirements, or that access to our website will
be uninterrupted,
timely,
secure, or error
free; nor do we make any warranty as to the results
that may be obtained from the use of our website.
16.5. USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE
IS PROVIDED TO YOU "AS
IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. Neither we nor its employees, agents,
third party information providers, merchants, licensors or the like warrant
that the Website or its operation will be accurate, reliable, uninterrupted
or error-free. No agent or representative has the authority to create any
warranty regarding the Website on behalf of us.
17. Liability
17.1. We accept no liability for any indirect or consequential
loss or damage, or for any loss of data, profit,
revenue or business (whether
direct or indirect)
in each case, however caused, even if foreseeable.
In circumstances where
you suffer loss or damage arising out of or in
connection with the viewing, use or performance of our website
or its contents
other
than as a direct
result of purchasing Hosting related or Advertising
Products (which shall be subject to the exclusions
and limitation
of liability set out in these
terms and conditions), we accept no liability for
this loss or damage (except where we have been negligent)
whether due
to inaccuracy,
error, omission
or any other cause and whether on the part of Mydreamcourse.co.za
or our servants, agents or any other person or
entity.
17.2. If we are liable to you for any reason, our
liability will be limited to the amount paid by
you for the products
or services
concerned.
17.3. You are responsible for ensuring that your
computer system meets all relevant technical specifications
necessary to use
our website
and is compatible
with our website. You also understand that we cannot
and do not guarantee or warrant that any material
available
for downloading
from our website
will be free from infection, viruses and/or other
code that has
contaminating or destructive properties. You are
responsible for implementing sufficient
procedures and virus checks (including anti-virus
and other
security checks) to satisfy your particular requirements
for the accuracy
of data input
and
output.
17.4. The limitations and exclusions in this clause
do not affect your non-excludable statutory rights
and only
apply
to the extent
permitted
by applicable law.
18. Applicability of online materials
18.1. Unless otherwise specified, all content and
materials published on our website are presented
solely for your
private, personal
and non-commercial use.
18.2. Our website is controlled and operated
by us from our office in South Africa. Where
content
published
on
the website
is supplied
by third
parties,
you understand that we do not control or endorse
such content in any way. All content which
is offered by
third parties
that are
not affiliated
with
or otherwise connected with us, is published
in good faith but we do not (to the extent
permitted by applicable
law)
accept responsibility for the
accuracy or otherwise of such content (whether
published on or
offline)
and the use of such content, except for content
which relates directly to Products
you purchase. You assume total responsibility
and
risk for your use of our website and use of
all information contained
within
it.
18.3. We have used our best endeavours to ensure
that our website complies with SA laws. However,
we make
no representations
that the materials
on our website are appropriate or available
for use in locations outside the
SA.
Those who visit our website from other locations
do so on their
own initiative and are responsible for compliance
with all applicable laws. If use of
our website and/or viewing of it, or use of
any material or content on our website
or services, or products offered through our
website are contrary to or infringe any applicable
law
in your jurisdiction(s),
you are
not
authorised to view
or use our website and you must exit immediately.
19. Territory Statement
19.1. Please do not access or use the Content
from a jurisdiction where such access or
use would be
contrary to applicable
laws, rules or regulations
of any governmental authority or regulatory
organization. If you breach this
provision, you will be held entirely responsible.
20. Assignment
20.1. We may assign our rights and obligations
under these terms and upon such assignment
we shall be
relieved of
any further
obligation under these
terms. You are not permitted to assign
your rights and obligations under these
terms.
21. Use of IP Address
21.1. Mydreamcourse.co.za also logs
IP addresses, or the location of
your computer
on the Internet.
An IP
address
is a number
that's automatically
assigned to your computer whenever
you're surfing the Web. Mydreamcourse.co.za
collects IP addresses
for
the purposes
of system administration,
to report aggregate information
to our
advertisers, and to audit the use
of our
site.
When users request pages from the
Mydreamcourse.co.za network, our servers log the users'
IP addresses. We do not normally
link IP addresses
to
anything personally identifiable,
which means that a user's session will be
logged, but the user remains anonymous
to us.
We can and will use IP addresses
to identify a user
when we
feel it
is necessary
to
enforce compliance
with our
policies or Terms of use Agreement,
or to
protect our service, site, customers
or
others.
22. Links to Other Sites
22.1. Users should be aware that
when you are on Mydreamcourse.co.za,
you
could be
directed
to other
sites that are beyond
our control. There are
links to other sites from Mydreamcourse.co.za
pages that take you outside
our service, e.g. clicking on a banner
advertisement.
These other sites may send
their own cookies to users,
collect
data or solicit
personal
information.
Mydreamcourse.co.za
does not control the privacy
policies of our business partners, advertisers,
sponsors
or
other sites
to which we provide
hyperlinks.
22.2. Please keep in mind that
whenever you give out personal
information
online -- for
example,
via message
boards or
chat -- that information
can be collected and used by
people you don't know. While
Mydreamcourse.co.za
strives to
protect its
users' personal
information and privacy,
we cannot guarantee the security
of any
information you disclose online
and you
disclose
this information at your own
risk.
23. Featured Links and Linking
23.1. This website contains
hyperlinks to websites
owned and operated
by third parties
which are
beyond our control.
For
example, when
you use our
search engine for certain
courses, the search results will provide
links to
other sites
from our website's
pages that
take you outside
our website.
These other sites have
their own privacy policies and
we urge you
to review
them - because this
Privacy Policy
will
not apply.
We
do not
accept any
responsibility or liability
for the privacy practices
of such
third party
websites
and your
use of such websites is
at your own risk.
23.2. We generally do not
object to you linking directly
to
the homepage of our
website,
although we reserve
the right to refuse
our authorization
to such linking at our
sole discretion. We do
not permit
our
pages to be loaded into
frames on your
website - our web pages
must load into
the user's
entire window.
23.3. We reserve the right
to move or change our website
URL
at any
time in
order to
meet changing
business
needs and to
continually improve our
online service. External
websites link to our website
at their
own risk.
24. Cookies
24.1. When you view or
use our
website we
may store
information on
the
hard drive of
your
computer in
the form
of a "cookie" (essentially a
small text
file). Cookies allow us to tailor our website to your interests
and
preferences. For example, a cookie might contain information about the
web pages you
have visited on our website, which could allow us to customize
your next
visit to our website. However, cookies do not allow us access to
the rest of
your computer and we do not use them to collect personally identifiable
information
about you.
24.2. Most internet
browsers enable you
to delete
cookies or to receive
a warning
before
a cookie
is stored on
your hard
drive. Please refer
to your
browser instructions
or
help screen to learn
more about
how to do this.
However,
should
you decide
to disable
any cookies
we
place
on your
computer you may
not be able to use
certain services or
facilities
on our website.
24.3. You may occasionally
get cookies from our
advertisers or other
third
parties with
links
on our website.
We do not control
these
cookies. The
use of advertising
cookies sent
by third-party servers
is standard in
the Internet
industry.
25. Modifications
to website
25.1. We reserve
the right to make
changes
or corrections,
alter,
suspend or discontinue
any
aspect of our
website or the
content or services
available through
it, including your
access
to it. Unless
explicitly stated
to
the contrary, any
new features shall
be subject
to these
terms and conditions.
25.2. Please note
that although we
try to
ensure that the
content of
our website
is
accurate,
our website
may contain
typographical
errors
or other
inaccuracies.
26. Availability
of our website
26.1. We will
try to make
our website
available
but
cannot
guarantee
that our website
will operate
continuously
or without
interruptions or be error
free and can
accept
no liability
for its
unavailability.
You
must not attempt
to
interfere with
the proper
working of
our website
and, in
particular,
you must not attempt
to circumvent
security,
tamper
with, hack
into,
or
otherwise
disrupt any
computer system, server,
website, router
or any other
Internet connected
device.
27. SUSPENSION
OF SERVICE
27.1. Mydreamcourse.co.za
may from
time to
time and
without
notice suspend the
services
in any
of the
following
circumstances-
27.1.1.
during
any technical
failure,
modification
or maintenance
either
of the
service
or the
equipment
by
means of
which the
service
is provided;
27.1.2.
if the
customer
-
27.1.2.1.
fails to
comply
with any
of
the terms
and conditions
of this
agreement
(including
failure
to pay
any charges
due) until
the
breach
(if capable
of remedy)
is remedied;
or
27.1.2.2.
does or
allows
to
be done
anything
which,
in Mydreamcourse.co.za's
reasonable
opinion,
may have
the
effect
of
negatively
affecting
the operation
of
the Mydreamcourse.co.za
network
or the
provision
of
services
to the
customer
or to any
other
customer(s)
of Mydreamcourse.co.za.
27.1.2.3.
Notwithstanding
any suspension
of service,
the customer
shall
remain
liable
for all
charges
due hereunder
throughout
the period
of suspension
unless
Mydreamcourse.co.za,
in its
sole
discretion,
determines
otherwise.
28. Security
28.1. You
are
solely responsible
in
all
respects for all
use
of and for
protecting
the
confidentiality of
any
username, e-mail
verification
and
password
that
may
be given
to
you or selected
by
you for use
on
our website.
You
may not share
these
with
or
transfer them
to
any third
parties.
You
must notify
us
immediately of
any
unauthorised use
of
them or
any
other breach
of
security regarding
our
website
that
comes
to your attention.
29. Search Engine
29.1. When you use our search engine, we may collect certain non-personally
identifiable information through the use of cookies and other tracking
technologies described above. For example, when you use our search engine,
we may keep track of which search terms are popular. If we display advertising
to you on our website (including the search results pages displayed after
any searches you may run), such advertising may be related to the search
terms you entered. We may present search result links in a format that
enables us to understand whether they have been followed and we may monitor
click-throughs. We use this information to understand and improve the
quality of our search technology. For instance, this data helps us determine
how
often users are satisfied with the first result of a query and how often
they proceed to later results.
30. Updating Your Personal Information
30.1. To the extent that you do provide us with Personal Information,
we wish to keep it up-to-date. Please let us know if your Personal
Information changes by sending the details to PO Box 1071, Sea Point,
Cape Town, 8060,
South Africa or email support@mydreamcourse.co.za. We will try to incorporate
the changes as soon as practicable.
31. E-mail
31.1. Using the e-mail addresses provided when you register for various
services, Mydreamcourse.co.za may periodically send promotional
e-mail to its users
about services offered by Mydreamcourse.co.za and its advertisers.
Reference should be made to the policies pertaining to the use
of Mydreamcourse.co.za Mail, our free e-mail facility.
32. Governing Law and Jurisdiction
32.1. These terms shall be governed by and construed in accordance
with the laws of South Africa and any dispute shall be subject
to the non-exclusive
jurisdiction of the South African courts.
33. TERMINATION
33.1. Notwithstanding anything to the contrary contained in
this agreement, Mydreamcourse.co.za shall at any time be
entitled to terminate this
agreement on not less than 24 (twenty four) hours' notice
to such effect to the
customer.
33.2. Without prejudice to any other rights or remedies
which Mydreamcourse.co.za may have in terms hereof or at
law, Mydreamcourse.co.za
shall be
entitled to forthwith cancel this agreement and discontinue
the service if the
customer fails to comply with any of the terms or conditions
of this agreement or
any other agreement made between Mydreamcourse.co.za and
the customer.
33.3. Upon termination of this agreement Mydreamcourse.co.za
shall disconnect the customer from the networks of Mydreamcourse.co.za
and all its network
providers.
33.4. After disconnection of the customer upon termination
of this agreement, the customer shall on demand pay all
charges outstanding
at the time
of disconnection, including any disconnection fee charged
by Mydreamcourse.co.za.
34. General
34.1. We may assign, transfer, novate or subcontract any
or all of our rights and obligations under these terms
and conditions
at any
time.
34.2. We may alter these terms and conditions from
time to time and post the new version on our website,
following
which
all
use of our
website
will be governed by that version. You must check the
terms and conditions on the
website regularly.
34.3. These terms and conditions together with the
privacy policy, any order form and payment method instructions
are the whole
agreement between
you
and Mydreamcourse.co.za . You acknowledge that you
have
not entered into this agreement in reliance upon any
statement, warranty
or representation made by Mydreamcourse.co.za or any
other person and you irrevocably
and
unconditionally waive any rights to claim damages and/or
to rescind these terms and conditions
by reason of any misrepresentation (other than a fraudulent
misrepresentation) that is not contained in the terms
and conditions, privacy policy,
order form and payment method instructions.
34.4. If any provision or term of these terms and conditions
shall become or be declared illegal, invalid or unenforceable
for any
reason whatsoever,
such term or provision shall be divisible from the
other terms and conditions and shall be deemed to be
deleted
from them.
34.5. These terms and conditions and your use of our
website are governed by South African law and you submit
to the
non-exclusive jurisdiction
of the South African court.
34.6. Except in respect of a payment obligation, neither
you nor Mydreamcourse.co.za will be held liable for
any failure to perform
any obligation to the
other due to causes beyond your or Mydreamcourse.co.za
respective reasonable control.
34.7. Failure or delay by either party enforcing an
obligation or exercising a right under these terms
and conditions
does not constitute
a waiver
of that obligation or right.
These terms and conditions do not confer any rights on any person or party
(other than you and/or us)
34.8. All notices in terms of this agreement shall be in writing.
34.9. This agreement shall be governed by and construed and interpreted in
accordance with the law of the Republic of South Africa.
1. Introduction
1.1. At Mydreamcourse.co.za, we understand the importance of keeping your
personal information private. We set out our privacy practices and
policies in this Privacy Policy. Please read it in conjunction with our
terms
of use as the terms incorporate this Policy.
1.2. You do not need to give us any information to browse our website,
but when you fill in the registration form to become a Member, we do
ask you
for information about yourself.
1.3. If you have any queries about this Privacy Policy please email
support@mydreamcourse.co.za.
2. Personal Information we collect about you
2.1. As a Visitor, you can visit our website without telling us who you
are or revealing any personal information about yourself.
2.2. When you register as a Member, we may collect some or all of the
following information about you:
2.2.1. your name, username, email address, password, postal address,
contact number;
2.3. In this Privacy Policy, we refer to the information above and
any other personally identifiable information that we may request from
you
and that
you may provide to us (including your Profile) as "Personal Information".
3. Our use of your Personal Information
3.1. Our primary goal in collecting personal information is to provide
our users with a better online experience, including interactive
communications, online shopping and other services. By knowing a little
about you,
Mydreamcourse.co.za and its partners are able to deliver more relevant
advertisements and
content, and hence better service to you.
3.2. Mydreamcourse.co.za delivers targeted advertisements on behalf
of advertisers. Advertisers give us an advertisement and tell us
the type
of audience they
want to reach. We take the advertisement and display it to users
meeting those criteria. In this process, the advertiser never has
access to
individual account information. Only Mydreamcourse.co.za has access
to your information.
This kind of advertisement targeting is done with banner ads, pop-up
advertising, button ads as well as promotional e-mail.
3.3. We use Personal Information submitted by Members in the following ways:
3.3.1. to enable you to use any services that we may from time to time provide
through our website;
3.3.2. to provide enquiry and application services on behalf of course providers
(these are the interactive services that come up when you look up details
of a particular course);
3.3.3. to display your username when you leave a message in the Community
Areas, or when you leave a Course Review;
3.3.4. to enable you to participate in competitions and offers for certain
products and services which may be of interest to you, unless you inform
us otherwise;
3.3.5. to enable you to receive newsletters from us, which may include course
information;
3.3.6. to conduct market research surveys;
3.3.7. to send you updates about our website; t
3.3.8. to provide you with information about products and services we offer;
3.3.9. for general research purposes, to allow us to develop the products
and services we can offer to you; and
for website administration (including enabling us to respond to any comments
on our website or feedback you may give us).
3.4. By agreeing to our Privacy Policy, you indicate your consent for us to
use your Personal Information in the ways set out above. However, if you do
not wish to receive certain newsletters and other mailings from us relating
to our own products and services and those of organizations with whom we have
a strategic relationship, please email us at info@mydreamcourse.co.za.
4. Disclosures
4.1. Your Personal Information may be passed to and used by our group companies
in connection with providing services to you over our website and delivering
or making our services available to you. Please note that some of our group
companies may be located overseas in countries which do not have as extensive
data protection laws as in South Africa - for example, our software developers
require certain test data (which may consist of Personal Information) and
they are based in outside of South Africa.
4.2. We may also disclose your Personal Information in the following
instances:
4.2.1. if we are required to do so by applicable law or under a court
or similar order;
4.2.2. as deemed necessary, in our discretion, to protect our legal rights
or property or the legal rights or property of a Member or third party,
or to prevent personal injury; and/or
4.2.3. in connection with a sale, merger, assignment, joint venture or
other transfer or disposition of a portion or all of our assets or stock
or our
affiliated entities (including, without limitation, in connection with
any bankruptcy
or similar proceedings).
5. With whom does Mydreamcourse.co.za share my information?