Terms and Conditions


Compuscan Academy provides the information contained on this website and the pages comprising the website (“website”) and advertises and offers the service/s advertised on this website from time to time (“service/s”) to users (“you”), subject to the terms and conditions set out herein (“the terms”).

Acceptance of the terms. By accessing the website and/or using the service/s offered via the website, you are deemed to have read, understood and agreed to the terms. Compuscan Academy may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website, you agree to be bound by the terms, as modified from time to time.

Content of the Website. While Compuscan Academy makes every effort to update the information provided on the website on a regular basis, Compuscan Academy makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Compuscan Academy reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any service, information, data and/or content on the website.

Use of the website and indemnification. By accessing the website, you warrant and represent to Compuscan Academy that you are legally entitled to do so. By subscribing for any of the service/s, you warrant and represent to Compuscan Academy that you are legally authorised to subscribe for such service/s and have the requisite capacity to conclude legally binding transactions with Compuscan Academy. You further warrant that you will not use the website, the service/s, or any information made available/sent to you by Compuscan Academy pursuant to your use of the website for any purpose that is unlawful or prohibited under South African or international law or is in contravention of the terms. You hereby indemnify Compuscan Academy against any loss, liability, damage or expense of whatever nature which Compuscan Academy or any third party may suffer which is caused by or attributable to, whether directly or indirectly, a breach by you of any of the warranties in this clause.

Application process. To subscribe for the service/s, you must complete the online application form (“application form”). By using the services, you agree to be bound to Compuscan Academy’s Standard Terms and Conditions (please email us to request a copy if you do not have it already). On receipt of your application form, Compuscan Academy will takes such steps, as in its sole discretion it deems necessary, to evaluate your application and to verify whether, in completing the application form, you have provided Compuscan Academy with complete and accurate information about yourself and your credit card information for payment. The application process will not be completed before you have been given the opportunity to review the entire transaction and correct any mistakes, or to withdraw from the transaction completely. By clicking on the “submit” button you are deemed to have submitted an offer to subscribe for the service/s selected (“order”) and you will not thereafter be able to cancel the order unless Compuscan Academy expressly agrees thereto.

Payment. You agree to pay Compuscan Academy the fees stipulated on the website as the price for the service/s ordered. Payment may be made vie electronic funds transfer, bank deposit, cash payment, or you may hereby authorise Compuscan Academy to charge the payment for such fees to your credit card, using the credit card information provided in your application form, effective from the date of receipt of your order by Compuscan Academy. You hereby agree that Compuscan Academy will not be obliged to refund any payment made by you, nor shall you be entitled to reverse any payment, for any reason whatsoever, including your failure to pass Compuscan Academy’s verification processes.

Verification. You hereby agree that all orders and any other communications which purport to originate from you, or a person who had authority to act on your behalf in respect of such order or communication, or an information system programmed by or on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Compuscan Academy electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Compuscan Academy and you will be bound by such communication with no liability of whatever nature attaching to Compuscan Academy in regard thereto.
You waive any rights you may have or obtain against Compuscan Academy arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Compuscan Academy acts on your orders or communications, or orders communications that purport to emanate from you and you indemnify Compuscan Academy against all and any claims, liabilities, losses, costs, fines, damages and expenses, arising as a result of the fact that we acted on your instructions/orders or instructions/orders which purport to emanate from you.

Confirmation of orders and conclusion of the transaction. The advertising of service/s via the website merely constitutes an invitation by Compuscan Academy for you to make an offer to subscribe for the service/s. Compuscan Academy reserves the right not to accept and/or comply with the order for any reason whatsoever on notice to you. Should Compuscan Academy accept your order, we will, as soon as is reasonably possible thereafter, send you a copy of the information you requested in the application form by e-mail, facsimile or SMS, using the contact information you provided in the application form and the preferred mode of delivery you selected. You hereby confirm and agree that the transaction between yourself and Compuscan Academy will be deemed to have been concluded at the place where and the time when Compuscan Academy transmits the information to you.

Consumer protection information. In compliance with section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), your attention is drawn to the following

  • full name and legal status : Compuscan Academy, a private company incorporated in accordance with the laws of the Republic of South Africa;
  • registration number: 1998/018091/07
  • place of registration : Cape Town, South Africa;
  • registered physical address : Compuscan House, 3 Neutron Ave, Techno Park, Stellenbosch, South Africa
  • telephone number : (021) 888-6000;
  • website address : compuscanacademy.co.za;
  • e mail address : info@compuscanacademy.co.za;
  • physical address for receipt of legal service of documents : Compuscan House, 3 Neutron Ave, Techno Park, Stellenbosch, South Africa
  • description of the main characteristics of the service/s offered by Compuscan Academyhttp://www.compuscanacademy.co.za/services
  • manner of payment : electronically by credit card, electronic bank transfer, or direct bank deposit;
  • the terms of the agreement : the terms of the agreement between yourself and Compuscan Academy is governed by these terms, the application form and Compuscan Academy’s Standard Consumer Subscriber Terms and Conditions. Compuscan Academy makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in law, or residual, in respect of these terms, the service/s and/or the accuracy or correctness of the information delivered to you or any part thereof;
  • time within which the service/s will be delivered : as soon as is reasonably possible after Compuscan Academy accepts to comply with your order;
  • return and refund policy : by nature of the service/s, no information provided to you by Compuscan Academy may be returned, and no monies paid by you to Compuscan Academy in respect of the service/s will be refunded to you, unless it is established to the satisfaction of Compuscan Academy that the information provided to you was loaded incorrectly by Compuscan Academy;
  • security procedures and privacy policy of Compuscan Academy in respect of payment, payment information and personal information : Compuscan Academy utilises a payment system that is sufficiently secure with reference to accepted technological standards as at the date of these terms, given the type of transaction to be concluded between you and Compuscan Academy.
  • cooling-off period : in terms of section 42(2)(f)(iii) of ECTA, no cooling-off period applies in respect of any service/s ordered via the website, as the information ordered and delivered to you by Compuscan Academy cannot, by its nature, be returned.

Communications from Compuscan Academy to you. By placing an order for service/s, you agree that Compuscan Academy may deliver the information you ordered telephonically, by e-mail, facsimile or SMS, using the contact information you provided in the application form. You hereby agree that Compuscan Academy may before or after delivery send you electronic communications relating to your order and/or the service/s offered via the website from time to time, provided that you will be given the opportunity to cancel your subscription to Compuscan Academy’s mailing list at any time upon providing Compuscan Academy with written notification to that effect.

Copyright and all intellectual property rights in all materials, texts, drawings and data made available on the website (collectively “the materials”) are owned by Compuscan Academy, alternatively Compuscan Academy is the lawful user thereof, and are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering service/s from Compuscan Academy. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Compuscan Academy. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Compuscan Academy.

External links. External links may be provided for your convenience, but they are beyond the control of Compuscan Academy and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of Compuscan Academy.

Warranties, disclaimers and limitation of liability.

  • Save as set out in the terms, Compuscan Academy makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided “as is”. Compuscan Academy does not make any warranty or representation that information and service/s advertised on the website are appropriate for use in any jurisdiction.
  • Neither Compuscan Academy or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or received via the website, your use of the service/s and/or your reliance on any information offered via the website and service/s.
  • Without limiting the generality of the aforegoing, neither Compuscan Academy nor its directors shall be liable for any loss of business, loss of data and/or loss of profits, any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service/s which are necessary to ensure the availability of the website. You hereby indemnify Compuscan Academy or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid.
  • Without limiting the generality of the aforegoing, Compuscan Academy shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order is stopped or cancelled.

Address for service:

  • The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is Compuscan House, 3 Neutron Avenue, Techno Park, Stellenbosch, South Africa / fax number 086 677 5311. No legal service shall be validly effected by e-mail.
  • Compuscan Academy shall be shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

General

  • The terms, the application form and Compuscan Academy’s Standard Terms and Conditions constitute the sole record of the agreement between you and Compuscan Academy in relation to the subject matter hereof. Neither you nor Compuscan Academy shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Compuscan Academy in respect of the subject matter hereof. No indulgence or extension of time which either you or Compuscan Academy may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
  • Compuscan Academy shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
  • All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
  • Should Compuscan Academy be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Compuscan Academy is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then Compuscan Academy shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
  • These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the Cape Town High Court of South Africa in respect of any disputes arising in connection with the service/s referred to herein, or the terms or any matter related to or in connection therewith.

These terms were last updated in August 2011 All Rights Reserved.