PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
The terms in this document are set out in two Sections:
Section B – Website Terms of Sale – This tells you the legal terms and conditions on which we sell any of the products listed on our site to you.
(Section A and Section B of this document shall together be referred to as the “Terms”)
The following general terms shall apply to these Terms.
• Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
• Clause headings are purely for ease of reference and do not form part of or affect the interpretation of these Terms.
• References to “include” and “including” shall be deemed to mean respectively “include(s) without limitation” and “including without limitation”.
• Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
• You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
• We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.
• If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• These Terms are not enforceable by any person who is not a party to it. This means that you and us are the only people who can enforce these Terms.
• Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• If you are a consumer, please note that these Terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
• If you are a business, a contract made between us and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
• If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).
In these Terms, we use various defined terms. You will know they are defined because they begin with a capital letter. This is what they mean:
• “Course” means proficiency tests training courses and competency tests sold on our site in relation various disciplines including (without limitation) business and lifestyle skills and which consist of the Materials.
• “Direct Purchase” means a purchase of our Course directly from our site.
• “Indirect Purchase” means a purchase of our Courses through a third party voucher based retailer or third party organisation.
• “Materials” means any documents, images, text, videos, electronic files or any other materials which are provided in connection with the products available from our site.
OTHER APPLICABLE TERMS
• If you purchase goods directly from our site (Direct Purchase) or through a third party merchant (Indirect Purchase), our terms and conditions of sale set out in Section B will apply to the sales.
INFORMATION ABOUT US
Jena Learning is a subsidiary of Jena Education SA. We are a company registered in South Africa with our registered office at: 348 Edenburg Terraces, Block C, Rivonia Boulevard, Sandton, Gauteng. Company Reg. No.: 2014/182478/07. We refer to ourselves as “we”, “us” or “our” in these terms.
CHANGES TO THESE TERMS OR OUR SITE
• Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
• We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
• Our site is made available free of charge.
• We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
• You are responsible for making all arrangements necessary for you to have access to our site.
• As part of the registration process you will need to submit a username and password (together your “Registration Details”), both of which you will be required to submit each time you log on. You must treat the Registration Details as confidential, and you must not disclose them to any third party. We will be entitled to assume that any person logging onto any part of our site is either you or someone doing so with your permission, and you will be liable for any actions of any person logging on using your Registration Details. You should therefore notify us immediately if you suspect that anyone else knows your Registration Details and has logged on as you.
• If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Courses.
• We reserve the right to require you to change your Registration Details at any time for any reason.
• You represent and warrant that all information you provide to us during the registration process and at all other times will be true, accurate and comprehensive and you agree to maintain the accuracy of such information at all times.
INTELLECTUAL PROPERTY RIGHTS
• All Intellectual Property Rights in and to our site and the Course are owned by us and shall remain owned by us or our licensors.
• On downloading the Materials from our site, you own the medium on which the Materials are recorded, but we do not transfer title to such Materials to you and we retain full and complete title to the Materials and all Intellectual Property Rights therein. You must not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any software contained in the Materials to human-readable form.
• You acknowledge that all Intellectual Property Rights in and to the names “Excel with Business” and any associated logos (the “Marks”) are and shall remain owned by us and that all goodwill accruing in the Marks shall accrue to and be owned by us.
• The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
• While we endeavour to update and ensure that the information contained in the Courses and on our site is correct, we make no representations, warranties or guarantees, whether express or implied, as to the accuracy, completeness, currency or reliability of any of them.
• Some activities suggested or referred to in the Courses may present a high risk of injury. Such activities may include lifting, reaching, handling hazardous or flammable products and using dangerous equipment or machinery. You are at all times responsible for assessing the appropriateness of using the Course and must consider your personal health and physical suitability before using the same. You must consult a doctor if you are in doubt about your physical suitability.
• We will not be held responsible for any injury, loss or damage resulting from use of the Courses. We are also not responsible for providing advice on the health and safety requirements or precautions which should be observed when using the Course. You must ensure that you comply with the health and safety guidelines provided with the products or equipment that you are using.
ACCESSING AND USING OUR SITE, THE COURSE AND THE MATERIALS
You may use the Course and view, download and print any Materials relating to the Course and information made available to you through our site subject to the following conditions:
• you may not allow other people (including other people within your organisation) to use your Registration Details or otherwise access the Materials;
• you may not use the Materials to provide any services of any kind to any other person (including other people within your organisation);
• the Materials shall not be reproduced or included in any other work or publication in any medium;
• the Materials may not be modified or altered in any way;
• the Materials may not be distributed or sold to any third party for any purpose; and
• you may not remove any copyright or other proprietary notices contained in the Materials.
• You are responsible for making all arrangements necessary and purchasing any equipment or software required to enable you to access our site, Courses or Materials. In particular, you will be responsible at your own cost for obtaining your own copy of the computer program, up to date internet browser software and any other software required to enable you to view or download the Materials.
• We do not warrant that our site, the Courses or the Materials, or your access to them, will always be available or be uninterrupted or error-free, that defects will be corrected, or that our site, the Courses or Materials or the server that makes them available are free of viruses or other harmful components.
USING AND UPLOADING CONTENT ON THE SITE
• You agree that whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site (including any bulletin board, chat room, forum or other similar pages that may be included in our site from time to time) you will not: harass others or disclose personal information about others that could amount to harassment; publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, threatening or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
• upload files that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of our site or any other computer; create multiple logins; impersonate others; promote or undertake any activity that is illegal or fraudulent; or use software to harvest the Materials or any other information from our site.
• Any content you upload to our site will be considered non-confidential and non-proprietary, and we reserve the right to use, copy, distribute and disclose to third parties any such content for any purpose.
• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or their right to privacy.
• We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
• The views expressed by a guest, registered user or other users on our site do not represent our views or values.
LIMITATION OF OUR LIABILITY
• To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
• We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.
• If you are a business user, please note that in particular, we will not be liable for: loss of profits, sales, business, or revenue;
• business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
• If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
• We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites.
• We will not be liable for any loss or damage that may arise from your use of them.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in Section B.
VIRUSES, HACKING AND OTHER OFFENCES
• Due to the inherent risks of using the internet we cannot be liable for, and hereby exclude to the fullest extent permissible by applicable law, all liability for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site, Materials or to your downloading of any material posted on it, or on any website linked to it.
• We do not warrant that our site will be secure or free from bugs or viruses.
• You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
• During your use of our site, you must not knowingly or recklessly introduce any viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which they are stored or from which they are provided or any server, computer or database connected to them. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
• By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site and Course will cease immediately. You have been warned.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to third party sites and to resources provided by third parties (together “Other Sites”), those Other Sites are merely linked to provide information only and are solely for your convenience. We have no control over and do not accept responsibility for Other Sites or for the content or products of Other Sites (including, without limitation, relating to social networking sites such as Facebook) and we accept no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites linked to our site, you do so entirely at your own risk.
Section B – Website Terms of Sale
1.1. You are reading a legal document which is the agreement between you, the customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. You are agreeing to the terms of sale that appear below, all of which are called the “Agreement”.
1.2. Unless otherwise expressly stated, these terms of sale will only apply to Customers who have made a Direct Purchase from our site. Customers who have made an Indirect Purchase will be bound by the terms of sale for that particular third party merchant or organisation.
1.4. Please click on the button marked “I Accept” at the end of these terms if you accept them. If you refuse to accept these terms, you will not be able to purchase or register for any Courses from our site.
2. USE OF OUR SITE
Your use of our site is governed by our terms of website use (Part A) Please take the time to read these, as they include important terms which apply to you.
3. HOW WE USE YOUR PERSONAL INFORMATION
4. IF YOU ARE A CONSUMER
4.1. This clause 4 only applies if you are a consumer.
4.2. If you are a consumer, you may only purchase Courses from our site if you are at least 18 years old.
4.3 As a consumer, you have legal rights in relation to Courses if they are not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
5. IF YOU ARE A BUSINESS CUSTOMER
5.1. This clause 5 only applies if you are a business.
5.2. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Courses.
5.4. You acknowledge that in entering into this Agreement you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
5.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
6.2. During the registration and payment process you will be able to select which Courses you wish to use and the nature of your subscription (for example, this may be a one time use of a Course or an unlimited use of the Course for a limited period of time) (the “Subscription”). These options will be made available to you and described during the registration and payment process and the charges payable will be calculated based on the Subscription that you choose.
6.3. Unless explicitly stated otherwise, all Subscriptions on jena.virtcampus will automatically renew and payment will be taken on a rolling basis in accordance with the Subscription chosen, until cancelled by the user. For example if you purchase a Monthly Subscription, payment will automatically be deducted on the same date each recurring month for the amount agreed.
6.4. You will be required to pay the applicable charges prior to being given access to the Courses in accordance with your Subscription. If your payment is declined, not authorised or is otherwise unsuccessful we reserve the right to prevent your access to the Courses.
6.5. If you have any promotional code entitling you to use any of the Courses at a discounted rate, you must input that promotional code prior to making your payment. You will not be entitled to a refund of the Charges, or any part of them, if you subsequently notify us that you have any promotional code.
6.6. After you place an order, we will confirm our acceptance to you by sending you an e-mail (Purchase Confirmation). The contract between us will only be formed when we send you the Purchase Confirmation.
6.7. If we are unable to supply you with the Course, for example because the Course is no longer available or because of an error in the price on our site as referred to in clause 8.4, we will inform you of this by e-mail and we will not process your order. If you have already paid for your order, we will refund you the full amount as soon as possible.
7. CHANGES TO OUR TERMS IN RESPECT OF THE PURCHASE AND SUPPLY OF OUR COURSES
7.1. We may revise our terms relating to the purchase and supply of our Courses from time to time in the following circumstances: changes in how we accept payment from you; or changes in relevant laws and regulatory requirements.
7.2. Whenever we revise our terms in accordance with this clause 7, we will keep you informed by email and state the date of the last variation at the top of this page.
8.1. The prices of the Courses will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
8.2. Prices for our Courses may change from time to time, but changes will not affect any order which we have confirmed with a Purchase Confirmation.
8.3. The price of the Course includes VAT (where applicable) at the applicable current rate chargeable in the Republic of South Africa for the time being, unless otherwise stated.
8.4. Our site contains a large number of Courses. It is always possible that, despite our reasonable efforts, some of the Courses on our site may be incorrectly priced. If we discover an error in the price of the Courses you have ordered we will inform you of this error and we will give you the option of continuing with the order at the correct price or cancelling your order. We will not process your order until we have received your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Course to you at the incorrect (lower) price.
9. HOW TO PAY
9.1. We accept the following payment methods: Mastercard, Maestro, Visa, Visa Electron, and Amex.
9.2. We will charge your debit card, credit card or PayPal account immediately after sending you a Purchase Confirmation.
10. MAKING A PURCHASE
10.1. Courses sold on our site are directed solely at those who make a purchase from the Republic of South Africa. Unless otherwise stated, we make no representation that a Course is suitable for use outside of the Republic of South Africa. If you choose to make a purchase from locations outside the Republic of South Africa, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
10.2. We reserve the right to prevent you from making any purchase for any reason whatsoever. Any such decision is within our sole discretion.
11. YOUR RIGHT OF RETURN AND REFUND
11.1. We offer a 30 (thirty) day money back guarantee if you are not entirely happy with the Course. Your right to cancel the Agreement starts from the date of the Purchase Confirmation, which is when the contract between you and us is formed.
11.2. To cancel the Agreement, please contact us in writing by sending an e-mail to firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records.11.3. When requesting to cancel your order, please ensure you provide your registered username and the date of purchase.
11.4. If you exercise your right to cancel in this clause 11, you will receive a full refund of the price you paid for your order. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
11.5. We will refund you on the credit card, debit card or PayPal account used by you to pay.
11.6. As a consumer, you will always have legal rights in relation to purchases that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 11 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
You will have access to the Course purchased within 24 hours of the Purchase Confirmation, unless there is an event outside our control. If we are unable to meet this due to an event outside our control, we will contact you with a revised time.
13. DIGITAL RIGHTS MANAGEMENT
13.1. We may, in our sole discretion, use software, digital rights management tools, electronic watermarks, cookies, web beacons, tracking tools or services or any other similar tools or services that may be available from time to time (including where such tools are provided and operated by third parties) (collectively “DRM Tools”) together with any other information or data provided by you so as to enable us to monitor and keep records of the copying, downloading and use of the Materials for the sole purpose of enabling us to protect and enforce our Intellectual Property Rights in and to the Materials.
13.2. You acknowledge and agree that your right to access and use the Materials is conditional upon us being entitled to use the DRM Tools as described above and that the use of such DRM Tools is necessary to protect our legitimate interests. You must not, disable, circumvent or attempt to disable or circumvent any DRM Tool used by us.
14. OUR LIABILITY IF YOU ARE A BUSINESS
14.1. This clause 14 only applies if you are a business customer.
14.2. We only supply the Courses for internal use by your business, and you agree not to use the Courses for any re-sale purposes.
14.3. Nothing in these terms limit or exclude our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or defective products under the Consumer Protection Act 1987.
14.4. Subject to clause 14.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Courses and Materials for: any loss of profits, sales, business, or revenue; loss or corruption of data, information or software; loss of business opportunity; loss of anticipated savings; loss of reputation; loss of goodwill; or any indirect or consequential loss.
14.6. Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to the Courses. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Courses are suitable for your purposes.
15. OUR LIABILITY IF YOU ARE A CONSUMER
15.1. This clause 15 only applies if you are a consumer.
15.2. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this Agreement.
15.3. We only supply the Courses for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.4. We do not in any way exclude or limit our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any breach of the terms implied by Consumer Protection Act, 68 of 2008 and the Regulations, as amended.
16. FACTORS BEYOND OUR CONTROL
We will not be liable to You for any breach of our obligations under these Terms and Conditions where We are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
This Agreement was most recently updated on 01st February 2017.
17.1. Your right to access the Course will automatically terminate on expiry of your Subscription.
17.3. You will not be entitled to a refund of the charges or any part of them if this Agreement is terminated pursuant to any of the foregoing paragraphs of this clause 16 prior to the expiry of your Subscription.