Terms and conditions
These terms of service govern access to and use of the VideoVarsity.co.za website. By accessing and using the VideoVarsity.co.za’s website, you accept, agree and are bound to all of the terms and conditions in this agreement. If you do not agree to these terms, please discontinue your use of the VideoVarsity.co.za website. If you are unsure whether you have the required legal capacity, you must discontinue your use of the website until you are certain you have such legal capacity. By using any of videovarsity.co.za’s services, you agree that you have read, understand and agree to these terms and conditions. Your continued use of this site will be deemed your conclusive acceptance of this agreement.
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise obtaining information on the Site.
- “Terms” refers to these Terms and Conditions of Use and any subsequent modifications.
- VideoVarsity.co.za is owned by and refers to Video Varsity a Closed Corporation company registered in South Africa.
- “Service Level Agreement” or “Agreement” refers to an agreement called the Service Level Agreement with an individual or organisation licensed to use Video Varsity's services and who rents eLearning video services from Video Varsity.
- “Subscriber” refers to any individual or organisation that is party to a Service Level Agreement with Viral Varsity Cc.
- “User” refers to any party who accesses the Site. If you are accessing the Site as an employee or agent of another, “User” refers to You and Your principal.
- “Website” or “Site” refers to the website maintained on the World Wide Web by VideoVarsity.co.za and VideoVarsity.net, available at http://www.videovarsity.co.za and http://www.videovarsity.net and the entire contents therein.
- "Contents" means the entire contents of the “Website” and the Viral Varsity's training videos which includes but is not limited to information, media, data, literary works, musical works, artistic works, sound recordings, published editions exercises and computer programs contained, posted or prescribed on this “Website”.
- "Licence fees" refers to the fees payable to use Video Varsity's services as per the Service Level Agreement for a subscriber.
- “Area” refers to the province or provinces within South Africa as per the Service Level Agreement for a subscriber.
- “You” or “Your” refers to the User. If You are Accessing the Site as an employee or agent of another, “You” or “Your” refers to the User and the User’s principal.
2. Modification of Terms.
- Video Varsity Cc reserves the right to modify these Terms and Conditions at any time and the User agrees to check these Terms and Conditions on each visit to this website.
- Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
3. Limited License.
- Video Varsity Cc hereby grants each user a limited, non-exclusive, non-sublicensable and non-transferable license to access the contents and videos according to the provisions contained herein, and subject to the payment of the Licence fees and adherence to these terms.
- Each subscriber may only allow its full time employees within the area to access the contents according to the Service Level Agreement.
- If the Service Level Agreement terminates or is suspended, the subscriber and their employees's shall no longer have access to the contents.
4. Fees; Renewal; Refund Policies.
- Payment is upfront and payable monthly.
- Subscription is automatically renewed each month until cancelled in writing by the subscriber.
- Video Varsity Cc may suspend or terminate access, the subscription and these terms if it is unable to recover payment after fifteen days in arrear payment.
- Promotions or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
- Video Varsity Cc may increase subscription fees at any time and for any reason, provided, however, that Video Varsity Cc provides notice at least thirty (30) calendar days notice.
- Right of access to the contents are granted under these terms is effective only upon payment of the subscription fees.
- An interest rate at the current prime interest rate according to First National Bank will be charged on outstanding payments and automatically added to the following months invoice.
5. Access to the Contents; Modification of Content.
- Video Varsity Cc strives to provide the contents to its subscribers on a continuous basis. To that end, Video Varsity Cc will take all commercially reasonable efforts to provide uninterrupted access to the contents to its subscribers. However, from time to time, subscribers may be unable to access the contents due to conditions beyond Video Varsity's control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law.
- Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the contents to its subscribers, Video Varsity Cc will take all commercially reasonable steps to ensure access is restored within a reasonable period of time.
- The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
- Video Varsity Cc endeavours to provide the highest quality content to its subscribers. To that end, Video Varsity Cc reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site.
- Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the site.
6. Prohibited Conduct.
The user expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site, or adversely affects Video Varsity's computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these terms.
- Permit or provide others access to the contents using Your user name and password or otherwise, or the name and password of another authorised User.
- Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the site.
- Transfer the site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the site content.
- Violate or attempt to violate Video Varsity's security mechanisms, access any data or server. You are not authorised to access or otherwise breach the security of the site or corrupt the site in any way.
- Engage in any other conduct which violates the Copyright Act
- Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the site or Video Varsity Cc.
- Use the site to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
- Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by Video Varsity Cc.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on the site.
- Provide any commercial hosting service with access to the site and/or the content on the site.
- To ensure that users of the site do not engage in prohibited conduct, Video Varsity Cc reserves the right to monitor use of the site and reserves the right to revoke or deny access to the contents to any person or entity whose use of the contents suggests prohibited conduct. Access of the materials available at the contents beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the contents and will result in revocation or denial of access to the contents. The terms “normal patterns” and “abuse” shall be determined solely by Video Varsity Cc.
- You agree not to violate any international copyright, software or technology export laws.
7. Disclaimer of Warranties.
- The contents are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to the contents, including but not limited to, implied warranties or conditions of completeness, accuracy or currency.
- To the fullest extent permitted by law we make no warranty that we or the content will meet your requirements or will be uninterrupted, timely, secure or error-free.
- To the fullest extent permitted by law we give no warranty as to results or the accuracy of any information obtained through the content.
- To the fullest extent permitted by law we make no warranty regarding any goods or services purchased or obtained through the content or any transactions entered into or through it.
- You use the content entirely at your own risk. We (including all group company's, our and their respective agents, employees and sub-contractors) shall not be liable to you or any other party for any losses or damages whatsoever howsoever arising in connection with the content (whether under this license or other contract or in consequence of any misrepresentation, misstatement or in tort or any omission including negligence). This does not affect your statutory rights.
- Video Varsity Cc provides no warranty that your hardware, software, telecommunications equipment and/or internet service is compatible or sufficient to access the site.
- Video Varsity Cc makes no representation nor warranty, expressed or implied, with respect to the correctness, accuracy or completeness of the contents.
8. Limitation of Liability.
- Nothing in these terms shall exclude or limit liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which is prohibited from being excluded by law.
- You acknowledge that we may not have control over the information which can be accessed by you using the contents and that we do not know or examine the use to which you or other Users put the contents or the nature of the information you or other users are sending or uploading. Subject to Clause 8.1 above, we therefore exclude all liability of any kind for the transmission or reception of such information of whatever nature by or to you.
- Subject to Clause 8.1 above: We exclude all liability of any kind for the information or any other material published or otherwise made available by you or any other user or person on any website you establish using the contents; and we shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever howsoever arising from or in any way connected with your use of the contents or accessing other websites from it, including, without limitation, damage for loss of business, loss of profits, business interruption, loss of business information, loss of data, or any other pecuniary loss (even where we have been notified by you of the possibility of such loss or damage).
- The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties' rights are specifically disclaimed.
- Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Video Varsity Cc received from the subscriber for a subscription to access the contents, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
- In no event will Video Varsity Cc be liable for any damages in excess of the amount Video Varsity Cc received from the subscriber for a subscription to access the contents, even if Video Varsity Cc shall have been informed of the possibility of such damages, or for any claim by any other party.
- In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
- This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Video Varsity Cc, computer virus or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means.
- Video Varsity Cc is not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect this site.
- No dealer, agent, or employee of Video Varsity Cc is authorised to make any modifications, extension, or additions to these limited warranties or disclaimers.
- Video Varsity Cc disclaims all warranties, and shall have no liability for damages in excess of the amount Video Varsity Cc received from the subscriber, arising from or related to any support services for your use of the site.
- The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.
9. Third Party Content; Hyperlinks.
- You acknowledge that Video Varsity Cc does not pre-screen third party materials.
- Video Varsity Cc is not the publisher or author of any information on the site that is provided by third party content providers, and Video Varsity Cc is not liable for any claims related to such information.
- Content provided by third parties is for informational purposes only, and Video Varsity's use of the content constitutes neither an endorsement nor a recommendation by Video Varsity Cc of the content.
- Video Varsity Cc assumes no responsibility for third party products or services.
- Video Varsity Cc may contain links and references to other third party websites and materials.
- Video Varsity Cc does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of users.
- Video Varsity Cc does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered.
- Video Varsity Cc may disable any hyperlink to the site.
- Video Varsity Cc has the right but not obligation to monitor third party websites and hyperlinks to the site.
- Video Varsity Cc makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Video Varsity Cc does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
10. Copyrights, Trademarks and Other Proprietary Rights.
- Video Varsity Cc or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content.
- You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Video Varsity Cc.
- Except as expressly stated on the site or in these terms, nothing that You read or see on the site or in the contents may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Video Varsity Cc, except as provided in these terms.
- If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Video Varsity Cc, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
- The User agrees to defend, indemnify and otherwise hold harmless Video Varsity Cc and its officers, directors, agents, employees, shareholders, successors You or any other person who may be authorised by You or for whom you are responsible or any other liabilities arising out of Your use or the use by any person who may be authorised by You or for whom You are responsible in full and immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, court costs, and attorney fees arising out of any breach of these terms.
12. Security; Authorised Use.
- Users are prohibited from violating or attempting to violate the security of the site. Video Varsity Cc has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
- Video Varsity Cc may suspend Your access while it conducts an investigation.
- Users are required to enter a user name and password to access the contents. To protect against unauthorised access toyYour account, it is recommended that you close the browser when You have finished using the site.
- You are responsible for maintaining the secrecy of your user name and password.
- You represent and warrant that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms.
- You may not use the account, user name or password of someone else at any time. You agree to notify Video Varsity Cc immediately of any unauthorised use or loss of your account, user name, password and/or credit card information.
- You also agree to notify Video Varsity Cc immediately if you are aware of or suspect other unauthorised use of the site and/or the site content. Video Varsity Cc will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge.
- You may be held liable for any losses incurred by Video Varsity Cc, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of your account, user name or password.
- Video Varsity Cc will never ask you for your password.
13. Dispute Resolution Procedure
- These terms and any claim or action related to or arising from these terms or content on the site shall be governed by South African and International law, without regard to any provision that would make the laws of another jurisdiction applicable.
- Any dispute between the Parties which arises out of this agreement shall, upon written request of any party be referred to the senior representatives appointed by the respective parties, who will use their best endeavours to meet and resolve such dispute on amicable terms within 14 (fourteen) days of the initial request.
- If a dispute is not resolved amicably by the parties in accordance with clause 13.1, then senior representatives of the parties and their legal advisors will use their best endeavours to meet and resolve such dispute on amicable terms within 28 (twenty eight) days of the initial request in 13.1.
- Any disputes which have not been resolved in terms of clause 13.1 or clause 13.2 may, by agreement between the parties, be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator or arbitrators appointed by AFSA, or, should AFSA no longer be in existence, by an arbitrator agreed upon by the parties, or in the event of no such agreement, by an arbitrator appointed by the president for the time being of the Law Society of South Africa.
- Any arbitration provided for in this agreement shall be held in Gauteng and shall be conducted according to the rules of AFSA, unless the Parties shall otherwise have agreed in writing, or, in the event of the appointment of an arbitrator other than by AFSA, according to the Uniform Rules of the High Court of South Africa, subject to such changes agreed upon by the parties and/or stipulated by the arbitrator in his discretion. The parties irrevocably agree that the decision in the arbitration proceedings shall be final and binding, carried into effect and may be made an order of any court of competent jurisdiction.
- The provisions of this clause 13.1 shall not detract from the right of a party to institute proceedings in a court of competent jurisdiction for appropriate relief in the event of a breach of the Agreement.
- Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action.
14. Termination of Agreement.
- In addition to Video Varsity's other rights, it may terminate this agreement at any time and at its sole and absolute discretion.
- Video Varsity Cc may also terminate access to the contents or cancel subscriptions to the contents without notice if it believes, in its sole judgment, that You have breached or may breach any term or condition of this agreement, or engaged in conduct that Video Varsity Cc deems inappropriate.
- In the event of termination of this agreement, the provisions in this agreement shall survive in perpetuity.
- Each subscriber's obligation to pay outstanding subscription fees shall survive any termination of this agreement.
- If an organisation has a multi-user subscriber service level agreement with Video Varsity Cc and the agreement is terminated, then the organisation and the multi-user subscribers must permanently delete any software, videos and / or any contents on their computers and servers licensed to them by Video Varsity Cc during the agreement period.
- Video Varsity Cc respects your personal information and undertake to comply with all applicable data protection legislation from time to time in force. In agreeing to accept these terms, You also acknowledge, accept and agree to our use of your user information as detailed below, unless you have expressly informed us by email.
- Video Varsity Cc will take every reasonable effort to protect any information received by its clients. Despite such efforts, it is possible for internet-based communications to be intercepted. The internet is not necessarily a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Therefore Video Varsity Cc will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that You make to the company through the internet, or that you expressly or implicitly authorise the company to make, or for any errors or any changes made to any transmitted information.
- You should be aware that if we are requested by the police or any regulatory or government authority investigating suspected illegal activities to provide your user information provided on registration of our services and/or information concerning your activities whilst using the site we shall do so without first notifying you.
- The user gives permission to Video Varsity Cc to send the user electronic newsletters and marketing information from time to time. Video Varsity Cc may use your personal data for billing purposes or in order to serve relevant advertising to you. We may send you information, special offers and advertising by email, through SMS, within our regular newsletters, through one-off promotional offers.
- Video Varsity Cc is not a registered Financial Service Provider in terms of the Financial Advisory and Intermediary Services Act, 37 of 2002, as amended and any financial information or content from this site is provided for educational purposes only. If you wish to act upon any financial information or content you must make sure that you get the approval of your financial advisor first. You agree not to hold Video Varsity responsible for any financial or any other decisions you make as a result of the contents you receive from this site.
- These terms constitute the entire agreement between Video Varsity Cc and User regarding the subject matter hereof.
- Any previous agreement, whether oral or written, between Video Varsity Cc and user dealing with the subject matter hereof is superseded.
- If any portion of these terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect.
- Upon user's breach or threatened breach of these terms, Video Varsity Cc may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief.
- Video Varsity's remedies are cumulative and not exclusive.
- Failure of Video Varsity Cc to exercise any remedy or enforce any portion of this agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter.
- User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- By accessing the site, User signs for and accepts this shortening of the statutes of limitations.
- Video Varsity Cc makes no representation that the content of the site is appropriate or available for use in all locations.
- Video Varsity Cc makes no representation that the site complies with any foreign or international laws.
- You agree to comply with all applicable local laws, including any international laws, in using this site.
- You may not assign your rights or delegate your duties under these terms.
- The parties agree that no third party is an intended beneficiary of these terms.
- Video Varsity cannot provide notifications via post, only e-mail.
17. Contact Information.
eMail Address: firstname.lastname@example.org.
Website Address: http://www.videovarsity.co.za
We welcome your questions and comments on our website. Please email us at the email address found on the Contact Us page.