ONLINE END-USER LICENSE AGREEMENT (EULA)
• In this Agreement, unless inconsistent with or otherwise indicated by the context –
• “the/this Agreement” refers to this Online End-User License Agreement;
• “Capsicum” refers to Capsicum Culinary Studio (Pty) Ltd ,Registration Number: 2006/034218/07, a private Company duly registered in terms of the Laws of the Republic of South Africa;
• “Intellectual Property” refers to all present and future intellectual property rights in and to the Website and Website Contents and the documentation, in whole or in part, including but not limited to trademarks, all rights of copyright (whether existing now or in the future) together with all related know-how, source codes, confidential information and all rights of a similar character whether registered or capable of being registered and all applications and rights to apply for protection of same, wherever the rights arise in the world;
• “Login Details” refers to the combination of a user name and password, ascribed to every User in terms of clause 8 below;
• “the Service” refers to the service provided to User’s by Capsicum as depicted in clause 4 below;
• “the Student/s” refers to all individuals and entities registered and enrolled with Capsicum as online students and accessing the Website for the purposes of online studies;
• “the User” refers to all individuals and entities accessing the Website for any reason;
• “the Account/User Account” refers to the account created for the User by Capsicum on registration and enrolment of the User for online studies;
• “Third Party” refers to any other person subscribing to the Service, requesting information from Capsicum or from whom Capsicum obtains certain materials or provides a service to Capsicum in connection with the Website. ;
• “the Website” refers to capsicumcooking.com or such other website which may be prescribed by Capsicum from time to time;
• “Website Content” refers to all content on the Website including, but not limited to, software, images, documents, pictures, videos, audio and text
2. CONSENT AND DURATION
• The User immediately accepts the terms and conditions of this Agreement and is automatically bound by them, upon initial access to the User’s Account, as stipulated in clause 8 below.
• This Agreement shall immediately commence upon initial access and shall continue on an indefinite basis until termination is effected in terms of clause 22 below.
3. GRANT OF RIGHTS
Subject to the provisions of this Agreement, Capsicum grants the User a non-exclusive, personal, non-commercial and non-transferable right to use the Website and Website Contents.
• The study fees for various courses, modules and programmes are contained on the relevant web pages and are subject to change in accordance with in clause 19 below.
• All study fees include the costs of any requisite study material and are VAT exclusive.
5. PAYMENT OPTIONS
• All study fees are to be paid in full to Capsicum upon registration of the User and must be effected by way of credit card payments or Electronic Fund Transfers (EFTs).
• Capsicum reserves the right to use Third Party electronic payment processes and/or financial institutions to process payments made by and to the User in connection with the User’s utilisation of the Service, the Website and the Website Content.
• Capsicum has an internal refund policy in respect of any fees paid and Capsicum can be contacted directly at their domicilium address or by the Website for more information.
• By agreeing to these Terms and Conditions, you agree that you will not purchase any material off the Website without understanding the provisions of these Terms and Conditions and once any material is purchased it is deemed that you have read and understood the Terms and Conditions of purchase and, specifically, that your right to a refund may be limited by these Terms and Conditions or by the internal refund policy of Capsicum, which you can request prior to any material being purchased.
Capsicum retains authority over the issuing, maintenance and closing of any User’s Account on the Website and any decision, in regards thereto, is taken at the sole and absolute discretion of Capsicum and is not subject to review or appeal.
8. INTELLECTUAL PROPERTY
• The User agrees that:
• save for the limited rights to use the Service as set out in this Agreement, the User has no rights to and/or title in, to or in respect of the Intellectual Property found on the Website, including but not limited to, software, text, graphics, icons, hyperlinks and designs;
• the Intellectual Property found on the Website is the property of, or licensed to, and strictly reserved by Capsicum and as such are protected by infringement by local and international legislation and treaties; and
• in his/her use of the Website he/she obtains no rights to any of the Website Content, or any part thereof.
• Capsicum disclaims any and all warranties, expressed or implied, in connection with the Website Content and technology available from the Website, which is provided to the User “AS IS”.
• Capsicum does not make any warranty that use of the Website will be uninterrupted, timely or error free, that defects will be corrected or that the Website or the Website Contents or the technology used to provide the Website shall be free from viruses, bugs or any contaminants.
• The User acknowledges that the Website and Website Contents are used solely at his/her own risk and that is it the sole responsibility of the User to satisfy himself or herself that the Service available from and through these Websites will meet the User’s individual requirements and will be compatible with the User’s hardware and/or software.
• It is specifically recorded that any Information, ideas and opinions expressed on the Website do not represent the official opinion of Capsicum, unless otherwise expressly provided.
• Hyperlinks provided on the Website to other sites are provided “AS IS” and Capsicum warrants that it does not necessarily agree with, edit or sponsor the content provided on such other sites. Any materials contained in such other sites are accessed at the sole risk of the User and Capsicum does not claim any responsibility for any damage or loss suffered by the User as a result of the accessed material.
• In accordance with some of Google’s recent compulsory policies, we would like to inform you that we might be tracking your cookies as our Website/company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies. By visiting the Website, you agree that certain of our Google AdWords remarketing and/or other advertisements can follow you as you visit other websites that forms part of Google’s Display Network (GDN). Capsicum will attempt to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. Capsicum has implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords
10. SOUTH AFRICAN LAW
This Agreement is governed and interpreted according to the Laws of the Republic of South Africa as well as applicable Public International Law, specifically relating to intellectual property rights, electronic information and privacy policies.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the User and Capsicum and supersedes any previous agreement, understanding or arrangement between the User and Capsicum.
Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
13. DOMICILIUM CITANDI ET EXECUTANDI
Capsicum chooses the following address as its domicilium citandi et executandi in respect of all purposes arising out of or in connection with this Agreement at which address all processes and notices arising out of or in connection with this Agreement may validly be served upon or delivered to Capsicum:
6th Floor Rex Trueform Office Park
263 Victoria Road
• Capsicum reserves the right to update or modify this Agreement, or any part thereof, at any time and without notice to the User or acquiring the User’s prior written consent.
• The User will be bound by the amended terms and conditions of this Agreement upon such amendments being posted on the Website.
In the event of any dispute arising between the User and Capsicum, of any nature whatsoever, in relation to any matter provided for or arising out of this Agreement, South African law will apply and the appropriate courts of South Africa will have jurisdiction.
15. CESSION AND ASSIGNMENT
• The User shall not be entitled to cede, assign or transfer any of his/her rights or obligations under this Agreement without the prior written consent of the Capsicum.
16. TERMINATION AND BREACH
• Capsicum reserves the right to take any action as it sees fit should the User breach any terms and conditions of this Agreement, including but not limited to, termination of this Agreement.
• Upon termination of this Agreement, Capsicum reserves the right to block the User’s access to the Service and terminate the User’s Account on the Website.
• The User agrees to fully indemnify Capsicum from and against all claims, howsoever caused, which may arise due to:
• the User’s breach of this Agreement;
• violation by the User of any governing law or any third party rights;
• use by the User of the Service or use by any other person of the Service, accessed through the User’s Account, with or without the User’s consent.
17. GENERAL INFORMATION
• Capsicum may be contacted at the following addresses:
• Postal Address: O. Box 799
Physical Address: 6th Floor Rex Trueform Office Park
263 Victoria Road
• E-mail: email@example.com
• Website: capsicumcooking.com
• On accepting the terms and conditions as laid out in Capsicums End-User License Agreement, the User automatically agrees to the terms of this Policy and the terms hereof, including any amendments, shall endure until such time as the User ceases to use the Service.
• The purpose of this Policy is to enable User’s to gain an informed view of their rights pertaining to the collection, use and safeguarding of any information supplied to Capsicum by the User in utilization of the Service.
2. COLLECTED INFORMATION
• For the purposes of this clause “personal information” includes, but is not limited to, the User’s name, age, cellphone number, residential address, nationality, qualifications, employment history and personal views, opinions or preferences.
• Capsicum only collects personal information, provided voluntarily by the User and with the User’s permission and knowledge.
• A User may be requested to provide personal information in the following instances:
• when applying, registering and enrolling for online studies at Capsicum;
• when requesting/ receiving information electronically;
• when allowing credit card payments and/or EFTs to be made
• Personal information, provided when the User makes credit card payments or EFTs, is transferred to a secure, online payment service, hosted outside of the Website and such information is not retained by Capsicum.
• Capsicum may, via the Website, also collect the User’s non-personal information such as domain and IP addresses which may be stored on the User’s computer as a cookie-file and in a statistics file on the web server. Capsicum shall use such information, without the consent of the User, in order to, among other things, measure the number of visitors to the Website and for marketing purposes.
3. USE AND SAFEGUARDING OF COLLECTED INFORMATION
• Capsicum shall take all reasonable steps to protect the personal information of the User collected by Capsicum through the Website and shall not disclose personal information of the User to any third party, unless as specifically provided for in terms of this Policy.
• Any personal information collected by Capsicum shall be stored in databases access to which shall be strictly controlled and only employees of Capsicum, who require the information to perform a specific job, shall have access to such information.
• Capsicum may disclose personal information of the User to any third party in the following circumstances:
• when required to do so by any applicable laws or valid legal processes;
• when the User consents to such disclosure.
• In utilization of the Website and Service, unless otherwise specified in writing and as provided for in this Policy, the User consents to:
• capsicum using personal information about the User to communicate with him/her, as the need arises;
• use of the User’s information for non-personal statistical purposes.
• User’s are able to access personal information and other study related information through the Academic Portal of the Website.
• If a User has been registered and enrolled with Capsicum and a course, programme or module has begun, Capsicum may send regular e-mail updates to the User to encourage the learning process. The User cannot unsubscribe to such e-mail updates which contain important information in regards to the User’s studies.
• Capsicum may send the User marketing communications, via e-mail, from time to time. The User can unsubscribe to such communications by following stipulated instructions on the Website.
Capsicum reserves the absolute right to update or modify this Policy, or any part thereof, at any time and without notice to the User or acquiring the User’s prior written consent and the User will be bound by the amended terms and conditions of this Policy upon such amendments being posted on the Website.
6. GOVERNING LAW
This Policy is governed according to the laws of the Republic of South Africa with specific reference to the Electronic Communications and Transactions Act (Act No. 25 of 2002).
Copyright © Capsicum Culinary Studio 2013 All Rights Reserved.’’
1. Capsicum grants the User a worldwide, non-exclusive, revocable license to:
• view the Website and the Website Contents on a computer or mobile device via a web browser;
• copy and store the Website and Website Contents in a web browser cache memory; and
• download and print Website pages or Website Contents for lawful purposes and for personal and non-commercial use, only.
2. No part of this Website or any part of the Website Contents, unless otherwise specifically provided for, may be reproduced, published, distributed, transformed, modified or adapted without the express and prior written consent of Capsicum.
3. Commercial use and distribution of Website Contents is strictly prohibited without the prior written consent of Capsicum.
4. The User may request consent from Capsicum to use the copyright materials on the Website by writing to:
Postal Address: P.O. Box 799
5. If Capsicum discovers that any User has used its copyright materials in contravention of the abovementioned license, Capsicum reserves the right to institute legal action against such User in recovery of any monetary damages as well as an order preventing the User from further utilising those materials.
CODE OF ETHICS
This Code of Ethics (“The Code”) seeks to outline an ethical guideline applicable to Capsicum staff and students andsets out the values, principles, norms and standards that Capsicum promotes for guiding and conducting the internal and external activities of its staff and students.
• This Code shall be made available to all staff and students on the relevant web page of the Website and will become applicable to students upon their registration and enrolment and to staff upon commencement of their employment with Capsicum.
• Staff and students should read this Code carefully and understand its contents and requirements as they are expected to apply them in their relevant day-to-day activities.
• In application of this Code it is specifically recorded that personal characteristics of honesty, sincerity, impartiality and trustworthiness of staff and students are key guiding attributes and of utmost importance to the effectiveness of this Code.
3. STAFF GUIDELINES
• Staff of Capsicum shall, at all times, act with honesty, sincerity and integrity in the course and scope of their duties and shall behave with integrity, honesty and fairness in all business, academic, professional and personal relationships.
• Staff shall act in accordance with this Code as well as the terms and conditions of their employment and shall not be complicit in any illegal act.
• CONFLICTS OF INTEREST
• Staff shall be and appear to be free of any interest which may be regarded as being in conflict with their integrity, fairness and impartiality.
• Staff shall endeavour, at all times, to act in the best interests of Capsicum and its students and shall not, at any time, wilfully or otherwise, bring the name of Capsicum into disrepute.
• All members of staff shall, to the best of their ability, adhere to the principles of independence, accountability and transparency in all of their dealing with Capsicum and its students.
• Staff shall be and appear to be fair, act in good faith and not allow bias or prejudice to override their objectivity in academic, research, administrative, business or management matters.
• ACADEMIC STANDARDS
• Staff shall carry out their job responsibilities in accordance with their relevant employment contracts and in accordance with the technical and professional standards relevant to that work.
• Staff shall endeavour to provide information and study material to students that, to the best of their knowledge and belief, is both correct and accurate.
4. STUDENT GUIDELINES
Students are not permitted to represent any information, including but not limited to, ideas, words, expressions or data in writing or presentation, which are not their own, without properly identifying and acknowledging the source from which such information stems.
• ACADEMIC WORK AND EXAMINATIONS
• Students may not submit work through use of another student’s Account and any assignments, work or projects submitted while using another student’s Account will be considered plagiarism.
• Students may not perform work or take an examination for another student and students may not have another person perform work or take an examination in their stead.
• Students may not cheat in any manner whatsoever which includes intentionally using or attempting to use unauthorised material, assistance or study aids in any academic work or intentionally copying another student’s work and submitting such work as their own.
• Students may not falsify or misrepresent any data by submitting false data or sources.
• INTERNET USE
Students may not wilfully damage any computer programmes linked to the Website, hack or construct viruses or introduce viruses onto the Website in any manner whatsoever. Students may not inappropriately use e-mails, the Website or Website Contents.