Terms and Conditions of Use of British International Online Student Services Website

 

 

Definitions

 

1.      In these Terms and Conditions of Use ( "TCU" ), the following words or phrases have the following corresponding meanings:

a.      "you" or "user" means any user of the British International Colleges Group's Online Student Services Website ( "OSSW" );

b.      The "British International Colleges Group" or "BICG" means the related companies or entities involved in the provision of education services in South Africa and southernAfrica, under the style British International College or derivations thereof.

 

Application and Acceptance of these TCU

 

2.     The access to and use of the OSSW is subject to the terms and conditions listed hereunder.

3.     By clicking on, using or browsing the OSSW, a user is deemed to expressly agree to be bound by these TCU, or alternatively is automatically bound by these TCU.

4.     Should you not wish to be bound by these TCU, or do not agree to these TCU, you must immediately discontinue the use of the OSSW, and may not in future access, use, copy, download or browse the OSSW.

5.     These TCU may be subject to change without prior notice, and any such changes shall become effective upon the posting of this page on the OSSW, containing updated or amended TCU. In this regard, it shall be your responsibility to periodically review this page.

 

Capacity and Warranties

 

6.      You warrant that you are duly authorised to, and have the necessary legal capacity to, agree to and be bound by these TCU.

7.     You warrant that you have the necessary authority to access and use the OSSW, and in particular that the person responsible for your account(s) with the BICG is aware of and has expressly consented to your use of the OSSW.

8.      You warrant that any information you post to or upload to or update on the OSSW, is complete, true and correct.

9.      You warrant that you will not use the OSSW in violation of any local or international law or regulation.

 

Copyright and Intellectual Property

 

10. All material, content, information, data, trademarks, logos, designs, pictures or hyperlinks posted or displayed on the OSSW, and any custom software or developed solutions employed or implemented on the OSSW, are the intellectually property of or are licensed to British International College (Pty) Ltd. In this regard, all applicable rights to such intellectual property or licensed information, are expressly reserved.

11. In particular, you may not reproduce or distribute any part of any of the intellectual property or licensed information referred to in clause 10 above published on the OSSW ( including these TCU ), without the express written permission of the relevant member of the BICG.

 

Limited Licence Granted

 

12. You are granted a limited licence ( "LL" ) to access, use and download information from the OSSW, for personal and non-commercial purposes only.

13. You may not use the OSSW for the benefit of any third party, nor cause the OSSW to be used or viewed through any form of frame or virtual container within any third party website page.

14. You may not link to any page within or on the OSSW without the express written permission of the BICG.

15. The BICG reserves the right to grant or refuse access to the OSSW to any party, and may also withdraw this LL without prior notice, and in particular shall terminate this LL in the event of unauthorised access.

16. The LL is not transferable, and is non-exclusive.

 

Disclaimer of Liability

 

17. While the BICG shall endeavour to ensure that all information published on the OSSW is accurate and timely, and shall remain secure and confidential where appropriate; given the nature of the internet as a medium ( published information being potentially vulnerable to interception and unauthorised access or amendment ) and the fact that it is inherently possible ( albeit prohibited ) for users to post incorrect information, transfer passwords or allow unauthorised access to computers on which sensitive information is cached;  all information published is on an "as is" basis and the BICG does not guarantee, represent or warrant that:

a.      Information published on the OSSW is free from errors or omissions;

b.      Information published on the OSSW is without delay;

c.      The OSSW service will be uninterrupted;

d.      The OSSW will always be accessible from any particular computer or by using any particular internet browsing software;

e.      Information published on the OSSW will only be accessed by an authorised party;

f.        Hyperlinks to any third party website are valid and working;

g.      The information published on any third party website to which a link has been provided on the OSSW, is true, accurate or up to date.

18. Having regard to the above, and to the extent permissible in terms of prevailing legislation, the BICG expressly disclaims any liability for any damage, loss or delict arising from any matter pursuant to or arising from circumstances envisioned in clauses 17 a through g above.

 

Privacy

 

19. The BICG warrants that it shall not distribute or disseminate information posted to or uploaded to the OSSW by users, to any third party, whether for reward or not, without the express consent of the relevant user(s).

 

Jurisdiction and Governing Law

20. The OSSW is hosted and administered within the Republic of South Africa, and its use and these TCU are governed by South African Law, and in particular you consent to the jurisdiction of the relevant High Court in Gauteng, should there be a dispute with regard to the interpretation or enforcement of these TCU.

 

Severability

 

21. In the event that any particular term or condition within these TCU is not fully enforceable or valid for any reason, such term or condition shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

 

Whole Agreement

 

22. These TCU constitute the entire agreement between the BICG and you with regards to the conditions of use and access to the OSSW, and the BICG shall not be bound by any expression or undertaking in this regard, which is not contained herein.

23. Furthermore, any relaxation, suspension or failure to enforce any provision, term or condition in these TCU by BICG, shall not constitute a waiver or novation of any of the BICG's rights in terms of these TCU, nor shall the future enforceability of BICG's rights be prejudiced in any way.