Skip to main content

Terms of Service

INSIGHT EDUCATION (PTY) LTD TERMS AND CONDITIONS

Website Terms and Conditions of Use Relating to the online training courses provided by Insight Education (Pty) Ltd, as well as its website located at the following URL insighteducation.co.za

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of Insight Education (Pty) Ltd’s (Registration Number: 2014 / 252598 / 07) (“Provider”) website located at the domain name insighteducation.co.za (“the Website”). By accessing and using, and in particular indicating your acceptance of the terms by clicking on the “I agree to these terms” button as provided for on the Website, the User agrees to be bound by the Terms and Conditions set out in this document. The content of this Website is proprietary to the Provider and / or otherwise utilized in terms of a written license agreement entered into between the Provider and the proprietor of such content. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for any purposes other than as provided for in these Terms and Conditions without the prior consent of the Provider.

In terms of section 49 of the Consumer Protection Act, 2008 your attention is drawn to the following provisions which:

  1. limit in any way the risk or liability of the Provider or any other person;
  2. constitute an assumption of risk or liability by the User;
  3. impose an obligation on the User to indemnify the Provider or any other person for any cause; or
  4. constitute an acknowledgement of any fact by the User.

Section 1

The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the User (where he acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter into and bind the juristic person to these Terms and Conditions.

Section 2

The User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User.

Section 3

The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the training material and online training courses provided on the Website.

Section 4

The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Section 5

The Provider will not be held liable for the condition of products arriving at the User’s chosen delivery address.

Section 6

The Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

1. Contractual Capacity to Act

Mail address provided by the User constitutes proper notice to the User. The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions. Notwithstanding the aforegoing, the User (where he acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter and bind the juristic person to these Terms and Conditions.

2. Electronic Communications

By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User.

3. E-Commerce

The Website insighteducation.co.za offers training courses online (‘services’). Under certain circumstances, the Provider may also afford the User an opportunity to purchase hard copies of the material (“products”). The use of any product or service bought from this Website is at the User’s risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products or services sold on the Website.

4. Personal Information

The User shall make available and consents to the processing of the following personal information by the Provider:

  1. e-mail address;
  2. name and surname;
  3. identity number; or
  4. physical address;
  5. IP address;
  6. delivery address; and
  7. telephone number.

(“the Personal Information”)

The Personal Information will be processed by the Provider, pursuant to and for the following purposes:

  1. verifying the identity of the User;
  2. transmitting and receiving necessary correspondence to the User in relation to the products or services;
  3. facilitating delivery of the products or access to the services to the User;
  4. generally rendering the online training courses;
  5. processing payments, refunds and the like in respect of any products purchased by the User; and
  6. transmitting marketing material to the User in respect of products and services sold by the Provider.

Personal Information shall be retained in the strictest confidence by the Provider and will not be sold or made known to third parties without the User’s prior written consent.

Failure by the User to submit the requisite personal information will render the Provider unable to deliver the products or services to the User.

Please be advised that the Provider has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under its control, but, to the extent permitted by law. The Provider assume no liability for any loss or damages the User or anyone else may suffer as a result of interception, alteration or misuse of information transmitted. The aforegoing limits and excludes obligations, liabilities and legal responsibilities of the Provider, and also limits and excludes the User’s rights and remedies and places various risks, liabilities, obligations and legal responsibilities on the User.

By your use hereof, the User is consenting to the collection, use and disclosure of the User’s personal information by the Provider. If this privacy policy is not acceptable to you, the User, please do not submit any of your personal information.

If you, the User, has any request concerning your personal information, wish to make any amendment to your personal information or have any queries with regard to these practices please contact us by sending an email to support@insighteducation.co.za

We may, in our sole discretion, contact law enforcement authorities if we believe that anything unlawful is occurring in connection with the information submitted. In this process, we may provide the law enforcement authorities with any personal information that is held by us.

Cookies may be placed on the User’s computer when the User visit and / or register on the Site. A cookie is a small piece of information sent by a web server to a web browser, which enables the server to collect information back from the browser.

5. Security Safeguards

The Provider shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession in order to guard against:

  1. loss of, damage to or unauthorised destruction of personal information; and
  2. unlawful access to or processing of personal information.

The Provider shall not however be held responsible and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device (personal computer or other electronic device used to browse the Website or access the services offered thereon), which may arise as a result (without limitation) of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

6. Quality of goods

In instances where the Provider offer any products for sale which are purchased by the User, the Provider will supply all products to the delivery company in good order. The Provider will not be held liable for the condition of products arriving at the User’s chosen delivery address.

7. Online Payment – PayGate Payment Gateway

All online credit card payments are processed by PayGate (Pty) Ltd. PayGate’s terms and conditions can be obtained and viewed at www.paygate.co.za

7.1 Payment options accepted

Payment may be made via Visa, MasterCard or instant EFT through the SID service offering.

7.2 Card acquiring and security

Card transactions will be acquired for Insight Education via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

7.3 Customer details separate from card details

Customer details will be stored by Insight Education (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

7.4 Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

7.5 Responsibility

Insight Education (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

8. Refund and Return Policy / Cooling-off period

Provided section 44 of the Electronic Communications and Transactions Act, 2002 is applicable, the User is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply of goods within seven days after the date of the receipt of the products, in which instance the only charge which may be levied on the User is the direct cost of returning the products. If payment for the products has been effected prior to the User exercising a right to the products in terms of this subparagraph, the User is entitled to a full refund of' such payment, which refund must be made within 90 days.

9. Updating of these Terms and Conditions

The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

10. Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the content. Neither the Provider, its directors, prescribed officers, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

11. Casual Surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

12. Governing Law

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products or services sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the any High Court with jurisdiction for purposes of resolving any dispute in connection with the use of this Website. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

13. Compliance with section 43 of the Electronic Communications and Transactions Act, 2002

In compliance with section 43 of the Electronic Communications and Transactions Act, 2002, the Provider draws your attention to the following information relating to it:

  1. Full name and legal status –
    Insight Education (Pty) Ltd – Private Company
  2. Physical address and contact details -
    17 Old Main Road
    Gillitts
    Durban, Kwa-Zulu Natal, 3610
    support@insighteducation.co.za
  3. A sufficient description of the main characteristics of the goods or services offered by the Provider –
    Insight Education (Pty) Ltd is a business in the education industry that offers online educational material to educational institutions, corporate entities, public sector entities and to the public.
  4. the full price of the goods or services, including transport costs, taxes and any other fees or costs –
    Pricing is as stated on the website and are subject to change at any time. All prices include VAT.
  5. The manner of payment –
    Secure online payments are processed through the Paygate payment gateway. Insight Education (Pty) Ltd may accept cash, EFT and card payments (including credit and debit card payments, whether it be via Visa or Mastercard). The transaction currency is South African Rand (ZAR).
  6. Any terms of agreement, including any guarantees, that will apply to the transaction and how those terms may be accessed, stored and reproduced electronically by consumers -None
  7. The time within which the services will be rendered -
    Upon payment of the purchase price, and submission of the necessary information, the training material relating to the User’s purchase will become available within 24 (twenty-four) hours of such submission.
  8. The manner and period within which the User can access and maintain a full record of the transaction –
    Users will be required to contact the Provider directly to access any transaction documentation. Transaction histories are available indefinitely.
  9. The return, exchange and refund policy of the Provider –
    No refunds, exchanges or returns will be permitted by the Provider in respect of the services.
  10. The security procedures and privacy policy of that supplier in respect of payment, payment information and personal information –
    All card transactions will be acquired for Insight Education (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL) and no Card details are stored on the website or are accessible by the Provider. PayGate’s security certificate, security policy and legal terms and conditions are found at www.paygate.co.za