Website Terms of Use

Version date: 1 May 2007

This website is operated by My Dream Course Limited (registered number 2007/099339/23) which has its registered office at 1 La Bianca, Baviaanskloof Road, Hout Bay, Cape Town, South Africa. We can be contacted by email at info@mydreamcourse.co.za or by mail at PO Box 1071, Sea Point, Cape Town, 8060 South Africa.

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.

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.

1. Registration/Password

1.1 Although portions of our website may be visited by any Visitor, you will need to register as a Member to be able to participate in or join the Community Areas and if you wish to submit Course Reviews. Registration on our website is free.

1.2 To register as a Member, you must either:

(a) confirm that you are over 16 years of age; or
(b) if you are less than 16 years of age, please see Section 3, below.

1.3 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.

1.4 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.

1.5 If you forget your password, please click on the ‘Forgot your Password?” link on the website and follow the online instructions.

1.6 We have the absolute discretion to cancel your username/password at any time if we suspect it is being used by an unauthorized person.

2. Your use of our website

2.1 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, messages posted in the Community Area, Course Reviews, information about certain courses.

2.2 You must ensure that any Content that you submit to our website:

(a) 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);
(b) does not breach any applicable law;
(c) 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
(d) does not disrupt the communications of the online community or Community Area on our website.

2.3 You agree that you will not use our website:

(a) for commercial purposes or to obtain financial gain without our prior written consent;
(b) to send chain letters, junk mail, 'spam', business or bulk communications of any kind;
(c) 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;
(d) 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;
(e) 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;
(f) to obtain passwords or personal identifying information for commercial or unlawful purposes from other Users;
(g) to attempt to impersonate another User; or
(h) to harass, threaten or intimidate any User.

2.4 You will be for responsible for logging out from your registered account at the end of each session on our website.

2.5 If you are a Visitor, you agree not to obtain unauthorized access to areas of our website reserved for Members.

2.6 If you are aware of anything on our website that appears to infringe these terms, you agree to contact us immediately.

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 If you are a Member under 16 years old, you will need to obtain a parent or guardian's permission before taking part in any online discussions. You should never reveal personal information about yourself, such as your address, telephone number and school.

4. Content posted

4.1 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.

4.2 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.

4.3 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.

5. Intellectual Property Rights

5.1 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.

5.2 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.

5.3 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.

5.4 By submitting Content to our website:

• (a) 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

• (b) 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. Our Rights

6.1 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.

6.2 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:

(a) for the purpose of maintaining our website;
(b) by law; or
(c) to respond to claims that our website infringes or restricts the right of any party.

6.3 We may suspend or terminate your access to our website at any time if you breach any of these terms.

7. Warranties

7.1 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.

7.2 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.

7.3 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.

7.4 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.

8. Limitation of Liability

8.1 EXCEPT AS REQUIRED BY LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT LOSSES OR DAMAGES ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) AND FOR ANY REASON.

8.2 EXCEPT AS REQUIRED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES OR DAMAGES OR LOSS OF PROFITS, DATA, GOODWILL, REVENUE IN EACH CASE REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARISE IN THE NORMAL COURSE OF EVENTS OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH LOSSES OR DAMAGES ARISE IN CONTACT OR TORT (INCLUDING NEGLIGENCE) AND FOR ANY REASON.

8.3 NOTHING IN THESE TERMS SHALL OPERATE TO EXCLUDE OR RESTRICT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

9. Territory Statement

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.

10. Assignment

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.

11. Governing Law and Jurisdiction

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.

Privacy Policy

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.

1.4 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:

(a) your name, username, email address, password;
(b) your postcode;

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 We use Personal Information submitted by Members in the following ways:

(a) to enable you to use any services that we may from time to time provide through our website;
(b) 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);
(c) to display your username when you leave a message in the Community Areas, or when you leave a Course Review;
(d) 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;
(e) to enable you to receive newsletters from us, which may include course information;
(f) to conduct market research surveys;
(g) to send you updates about our website;
(h) to provide you with information about products and services we offer;
(i) for general research purposes, to allow us to develop the products and services we can offer to you; and
(j) for website administration (including enabling us to respond to any comments on our website or feedback you may give us).

3.2 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 support@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 the United Kingdom - for example, our software developers require certain test data (which may consist of Personal Information) and they are based in India.

4.2 We may also disclose your Personal Information in the following instances: (i) if we are required to do so by applicable law or under a court or similar order; (ii) 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 (iii) 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. Hyperlinks to other web sites

5.1 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.

5.2 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.

5.3 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.

6. Cookies

6.1 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.

6.2 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.

6.3 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.

7. Search Engine

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.

8. Updating Your Personal Information

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.