Terms and Conditions
These are the general terms of the relationship between you (website visitor) and us (website owner). The terms cover all use of this website. You agree to the terms by visiting and using this website.
- Definitions and interpretation
2.1 Definitions. In the agreement:
terms means the terms, consisting of:
• any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of the website);
we, us, or our means Eiffel Corp CC, the owner of the website. It includes our officers, agents, employees, owners, co-branders and associates where the terms limit or exclude our liability;
you or your means any visitor to this website, including any other person, website, business or agent (including any virtual or robotic agent) associated with the visitor.
2.2 Conflict. If the meaning of any general terms conflicts with any other relevant specific terms, the specific terms will apply. Specific terms apply to a specific section of the website or have been specifically agreed between you and us.
- Use of this website
3.1 Licence. We grant you a limited licence to use this website on these terms. We may cancel your licence at any time for any reason. Your licence is automatically cancelled if you do not get our written permission before using this website in a way these terms do not allow.
3.2 Breach. If you breach any of the terms or infringe any other person’s rights (including copyright), we may cancel your licence, block you from using the website, claim specific performance or damages against you and take any other steps the law allows, without affecting our rights.
3.3 Framing. You may not frame this website or any of its pages.
3.4 Linking. You may only link to the home page of this website. You may not deep link (link to any other page) or link in any way that could suggest that we endorse or support you, or that you have any rights in our website or intellectual property.
3.5 Virtual agents. You may not use any technology (including spiders, crawlers, bots and similar virtual agents) to search or gain any information from this website.
- Your capacity
4.1 Capacity and agreement. You promise that you are entitled to visit this website and agree to the terms because you:
• are at least 18 (or regarded as legally adult), and have the legal right and capacity to do so; or
• are not 18 yet, but have permission from your parent (or legal guardian) to do so.
4.2 Accurate information. You promise that you will only give accurate information to us and this website.
- Intellectual property
5.1 Ownership. Except as provided to the contrary in the agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this website are our sole property or will vest in us or a third party licensor. All moral rights are reserved.
5.2 Trade marks. Our logo and sub-logos, marks, and trade names are our trade marks and no person may use them without permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.
5.3 Restrictions. Except as expressly permitted under the agreement, the website may not be:
• modified or used to make derivative works;
• rented, leased, loaned, sold or assigned;
• reverse engineered or copied; or
• reproduced or distributed.
- Limits to our liability
6.1 You use this website at your own risk. We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.
6.2 You indemnify us. You indemnify (or promise to protect) us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.
6.3 Faults. We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.
6.4 Direct damages limited. If the previous clause does not apply for any reason, our maximum liability to you for all claims for direct damages is R100. This limit applies whether a claim is based on contract, delict (tort) or any other legal cause of action.
6.5 No liability for indirect damages. We will never be responsible for any indirect or consequential damages or losses, even if we should have foreseen them. These may include any loss of profit, loss of goodwill, loss of use or damages related to lost or damaged data.
6.6 Other websites. We are not responsible for anyone else’s website.
7.1 Entire agreement. The terms are the entire agreement between the parties on the subject.
7.2 Changes to website. We may change or stop publishing this website without notice and will not be responsible for any consequences.
7.3 Changes to terms. We may change the terms by placing a notice on this website. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.
7.4 Facts about website. If an administrator of this website signs a letter confirming any fact related to the website, that letter is conclusive proof of its contents. These may include the version of the terms that apply to any dispute, or what content or functions the website had at a particular time or date.
7.5 Waiver. We do not ever waive (give up) our rights, even if we allow you any favour or extension of time, or we delay enforcing our rights against you.
7.6 Severability. Any term that is invalid, illegal or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.
7.7 Law and jurisdiction. South African law and conditions (such as time and date) govern the terms. Only the South African courts may decide any dispute about the terms.
2. Company contact details
3. The section 10 Guide on how to use the Act
4. Access to records held by the company
5. Availability of the manual
6. Fees in Respect of Requests for Information
Introduction to Eiffel Corp
The COMPANY conducts business as a reseller of various software products and publisher of software instruction documentation and pedagogical training.
Company Contact Details
Postal Address: PO Box 22111
Street Address:4 First Avenue
Contact Person: René van der Merwe
Telephone number: +27 21 782 2993
Fax number: +27 21 782 2679
E-mail address of contact person: firstname.lastname@example.org
The section 10 Guide on how to use the Act
The Guide will be available from the South African Human Rights Commission by not later than August 2004. Please direct any queries to:
The South African Human Rights Commission:
The Research and Documentation Department
Postal address: Private Bag 2700
(i) Records that are automatically available
• Basic Conditions of Employment
• Website Information
• Company introduction
• Maternity leave policy
• Code of conduct
• Brochures, Newsletters and Advertising Materials
(ii) Records that are available on request only:
• Registration documents of the company
• Human resources (personal information of past and present and prospective employees and directors)
• Insurance policies
• Standard employment contracts
• Leave Records
• Tradename Registrations
• Agreements With Suppliers
• Corporate Sales Agreements
• Publications and Research Material
• Proposal and Tender Documents
• Legal Documentation
• Training records
• Financial Models
• New Business Development
? Brand Information Management
• Marketing Strategies
• Communication Strategies
• Tax Records and Returns
• Accounting and Payroll Records
• Employee Tax Records and Returns
• Insurance Policies and Rules
(iii) The request procedure.
All requests to access information should be made in writing on the prescribed form and addressed to the contact/information person specified above.
Availability of the manual
A copy of the company`s manual can be found on our website
The manual may be inspected at the company offices free of charge. The manual may be accessed on the SAHRC website and will be published in the Government Gazette.
At The South African Human rights commission:
Private Bag 2700
Tel: +27 11 484 8300
Fax: +27 11 484 0582
Fees in Respect of Requests for Information
Fees: A requester who seeks information containing personal information about the requester, is not required to pay the request fee.
Any other requesters must pay the fees as prescribed in the Act. Details of the fees and copies of the prescribed forms can be found at SAHRC www.sahrc.org.co.za.
The request fee for information other than a requestor who seeks personal information will be R50.00
The access fees payable by a requester referred to above, other than a requester of personal information shall be the same as the fees specified above.
Fees must be paid within 6 hours from time that the requester is notified that his/her request has been received and is being actioned.
The contact person shall advise the requester by email or in writing of this time and date, and fax the written notice to the requester.
The information will be posted to the requester, if the requester cannot collect the information. The requester will be required to pay for the cost of postage.
The requester must provide sufficient detail on the request form to enable the contact person to identify the record and the requester. Forms requesting information will not be considered, if the forms are not fully completed. Completed forms may be submitted against payment of the prescribed fee.
The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the contact person of the company.
These terms cover any transactions where we provide services to you through our website. We provide you with online services through the website.
- The parties
We are Eiffel Corp CC, the service provider under these terms. You are the user under these terms.
These terms commence whenever you accept them or place a service request and continue until terminated.
- Service requests
Once the administrator has activated you on the website, you place service requests with us whenever you carry out any actions once you are logged in on the following basis:
• you promise that you have the legal capacity to enter into the transaction;
• we only conclude an agreement when we provide our services to you;
• we may cancel any order, but we will refund any money you have paid if we do;
• we conclude an agreement where you are domiciled; and
• each order is a separate agreement, but you breach all of them if you breach one.
We provide the website to you on the following basis:
• we give you a right to use it, but you may only use it according to these terms;
• your administrator is responsible for controlling access and limiting it to you and other authorised users;
• you give us permission to monitor how you use it for security and stability purposes; and
• it may incorporate third party software, which may have its own legal terms that you agree to by using it.
- Registered users
We will only provide the services through the website to registered users and only on the following basis:
• you must provide us with any information that we ask you for;
• you agree to look after your username and password and not to give them to anyone else, not to interfere with or introduce any malicious software into the website, and not to misuse the website; and
• you are responsible for any activity that happens under your account, even if someone else was actually acting under your account.
- Your data
You own all your data. When you enter your data into the system, you give us a licence to use it to provide the services. We are not responsible for any of your data stored on our system.
- Intellectual property
We may own intellectual property rights in our services and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.
We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.
- Direct damages limited
We are only liable to you for any direct damages that the services may cause up to the total amount of fees that you have paid us for them.
- Indirect damages excluded
We are not liable for any other losses that the services may cause you.
Please don’t breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.
We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the services, believe providing the services could burden or pose a risk to us, have to terminate to comply with a law, or providing the services has become impractical. If we need to terminate, we will give you as much notice as possible in writing.
- Resolving disputes
We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.
- Notices and domicile
We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each other’s email addresses and choose their respective street addresses as their service addresses for all legal documents. The parties may change either address on 14 calendar days written notice to the other.
- Force majeure
Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.
- Entire agreement
The agreement is the entire agreement between the parties on the subject.
If we change this agreement by updating this web page, any changes will only apply to future service requests.
- Governing law
The law of South Africa governs this agreement.
This policy applies to all visitors to our website and customers who have ordered the services we provide (“you” and “your”).
- Purpose of this policy
We respect your privacy and take the protection of personal information very seriously. The purpose of this policy is to describe the way we collect, store, use, and protect information that can be associated with a specific natural or juristic person and can be used to identify that person (“personal information”). Personal information:
• certain information collected on activation (see below); and
• optional information that you provide to us voluntarily (see below).
• information that has been made anonymous so that it does not identify a specific person;
• permanently de-identified information that does not relate or cannot be traced back to you specifically; and
• non-personal statistical information collected and compiled by us and information that you have provided voluntarily in an open, public environment or forum including any blog, chat room, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this policy.
- Acceptance of terms
3.1 Acceptance required. You must accept all the terms of this policy when you use our website or order any of our services. If you do not agree with anything in this policy, then you may not use our website or order, register for, or use any of our services.
3.2 Legal capacity. You may not access our website or order our services if you are younger than 18 years old or do not have legal capacity to conclude legally binding contracts.
3.3 Deemed acceptance. By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all its terms.
We may change the terms of this policy at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by email. If you do not agree with the change you must stop using the website. If you continue to use the website following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
5.1 On activation. Once an administrator activates you on our website, you will no longer be anonymous to us as they will have provided us with your personal information on your behalf. This personal information will include:
• your name and surname;
• your postal address, email address, telephone number, and postal code;
• your username and password.
5.2 Collection on request. When you request the services from us, you will be asked to provide us with additional information on a voluntary basis.
5.3 Optional details. You may also provide additional information to us on a voluntary basis. This includes content or products that you decide to upload or download from our website or when you enter competitions, take advantage of promotions, respond to surveys, order certain additional goods or services, or otherwise use the optional features and functionality of the website.
5.6 Web beacons. Our website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Our web beacons do not collect, gather, monitor or share any of your personal information. We merely use them to compile anonymous information about our website.
5.7 Recording calls. We will monitor and record telephone calls that you make to our call centre, unless you specifically request us not to.
5.8 Purpose for collection. We may use any service information and optional information that you provide to us for the purposes that you indicated when you agreed to provide it to us. We may use your usage information for the purposes described above and to:
• remember your information so that you will not have to re-enter it during your visit or the next time you access the website;
• monitor website usage metrics such as total number of visitors and pages accessed; and
• track your entries, submissions, and status in any promotions or other activities in connection with your usage of the website.
- Consent to collection
We will obtain your consent to collect personal information:
• in accordance with applicable law; and
• when you provide us with any registration information or optional information.
- Special authorisations
7.1 Children’s personal information. If you are child in terms of South African law, your parents or other competent person must consent to us processing your personal information for the purposes in this policy. If you are a parent or other competent person in relation to a child in terms of South African law, then you consent to us processing your child’s personal information for the purposes in this policy
7.2 Special personal information concerning health or sex life. We process special personal information concerning your health under certain circumstances for the purposes in this policy. You consent to us processing this special personal information for the purposes in this policy.
8.1 Messages and updates. We may send administrative messages and email updates to you about the website. In some cases, we may also send you primarily promotional messages. You can choose to opt-out of promotional messages.
8.2 Targeted content. While you are logged into the website, we may display targeted adverts and other relevant information based on the personal information. In a completely automated process, computers process the personal information and match it to adverts or related information. We never share personal information with any advertiser, unless you specifically provide us with your consent to do so. Advertisers receive a record of the total number of impressions and clicks for each advert. They do not receive any personal information. If you click on an advert, we may send a referring URL to the advertiser’s website identifying that a customer is visiting from the website. We do not send personal information to advertisers with the referring URL. Once you are on the advertiser’s website however, the advertiser is able to collect your personal information.
9.1 Sharing. We may share your personal information with:
• other divisions or companies within the group of companies to which we belong so as to provide joint content and services like registration, for transactions and customer support, to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about our products, services and communications (they will only use this information to send you marketing communications if you have requested their goods or services);
• our service providers under contract who help with parts of our business operations, including fraud prevention, bill collection, marketing, technology services (our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit);
• credit bureaus to report account information, as permitted by law; and
• banking partners as required by credit card association rules for inclusion on their list of terminated merchants (in the event that you utilise the services to receive payments and you meet their criteria).
9.2 Regulators. If you contact us regarding your experience with using any of our products, we may disclose your personal information as required by law or governmental audit.
9.3 Law enforcement. We may disclose personal information if required:
• by a subpoena or court order;
• to comply with any law;
• to protect the safety of any individual or the general public; and
• to prevent violation of our terms of service.
9.5 Marketing purposes. We may disclose aggregate statistics (information about the customer population in general terms) about the personal information to advertisers or business partners.
9.6 Employees. We may need to disclose personal information to our employees that require the personal information to do their jobs.
9.7 Change of ownership. If we undergo a change in ownership, or a merger with, acquisition by, or sale of assets to, another entity, we may assign our rights to the personal information we process to a successor, purchaser, or separate entity. We will disclose the transfer on the website. If you are concerned about your personal information migrating to a new owner, you may request us to delete your personal information.
- Security of personal information
Our hosting company will host our website in a secure server environment that uses a firewall and other advanced security measures to prevent interference or access from outside intruders. We authorise access to personal information only for those employees who require it to fulfil their job responsibilities.
- Accurate and up to date
We will try to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes explicitly defined in this policy. From time to time we may request you to update your personal information on the website. You are able to review or update any personal information that we hold on you by accessing your account online, by emailing us, or by phoning us. Please note that in order to better protect you and safeguard your personal information, we take steps to verify your identity before granting you access to your account or making any corrections to your personal information.
- Retention of personal information
We will only retain your personal information for as long as it is necessary to fulfil the purposes explicitly set out in this policy, unless:
• retention of the record is required or authorised by law; or
• you have consented to the retention of the record.
During the period of retention, we will continue to abide by our non-disclosure obligations and will not share or sell your personal information.
- Transfer of personal information outside South Africa
We may transmit or transfer personal information outside South Africa to a foreign country. Personal information may be stored on servers located outside South Africa in a foreign country whose laws protecting personal information may not be as stringent as the laws in South Africa. You consent to us processing your personal information in a foreign country whose laws regarding processing of personal information may be less stringent.
- Updating or removing
You may choose to correct or update the personal information you have submitted to us, by clicking the relevant menu in any of the pages on our website.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third party websites.
The email and any attached files may be confidential. It is intended solely for the addressee. Any distribution, modification, use or copying of this email or the information it contains by other than an intended recipient is unauthorized and an infringement of copyright. Any views expressed in this message are those of the individual sender, except where the sender specifically states them to be those of Eiffel Corp, to whom no liability shall attach whatsoever. If you received this email in error, please advise the sender immediately.