1. Introduction

• These terms and conditions of use (“Terms“) explain how you may use this website and any of its content (“Website“). These Terms apply between Intellect Africa Group (Pty) Ltd (“we“, “us” or “our“) and you, the person accessing or using the Website (“you“, “user” or “your“).

• These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
  • may limit the risk or liability of Intellect Africa Group (IAG); and/or
  • may create risk or liability for the user; and/or
  • may compel the user to indemnify IAG; and/or
  • serves as an acknowledgment, by the user, of a fact.

• The Website is not intended for persons younger than 18 years of age. If you are under 18 years of age, you should not provide your personal information on the Website prior to your parents or guardian’s consent.

• You should read these Terms carefully before using the Website. By using the Website or otherwise indicating your consent, you unconditionally agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Website immediately.

• The Website is provided by us to you free of charge for information purposes only.

• If you would like these Terms in another format (for example: audio, large print, braille), please contact us using the contact details set out below.

• Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or IAG in terms of the CPA.

2. Registration and use of the Website

• Use of the Website may require registration whereby Intellect Africa Group (IAG) requires certain information from you, particularly in order to access restricted areas of the Website such as placing of an order.

• We are not obliged to permit anyone to register with the Website and we may refuse, terminate or suspend registration to anyone at any time.

• You are responsible for making sure that your password and any other account details are kept secure and confidential.

• For security purposes you agree to enter the correct username and password whenever ordering Services, failing of which you will be denied access.

• You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

• You agree to notify IAG immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

• If we have reason to believe there is likely to be a breach of security or misuse of the Website through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.

• By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) years or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
• You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
• You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

3. Infringing Content

• We will use reasonable efforts to:
  • delete accounts which are being used in an inappropriate manner or in breach of these Terms; and
  • identify and remove any content that is inappropriate, defamatory, infringes intellectual property rights or is otherwise in breach of our Acceptable Use Policy, when we are notified, but we cannot be responsible if you have failed to provide us with the relevant information.

• If you believe that any content which is distributed or published by the Site is inappropriate, defamatory or infringing on intellectual property rights, you should contact us immediately using the contact details at the top of this page.

4. Privacy Policy

• We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

5. Ownership, Use and Intellectual Property Rights

• The intellectual property rights in the Website and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Website (“Website Content“) are owned by us and our licensors.
• You will not acquire any right, title or interest in or to the Website or the Website Content.
• Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in writing in terms of these Terms and Conditions or otherwise provided for in law.
• Where any of the Website Content has been licensed to IAG or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

6. Accuracy of Information and Availability of the Site

• We try to make sure that the Website is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website..
• We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
• IAG may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that IAG will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
• If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
• Whilst IAG takes reasonable measures to ensure that the content of the Website is accurate and complete, IAG makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
• Any Content is provided for your general information purposes only and to inform you about us and our services and news, features, and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Website and its Content.
• We are not affiliated to any University, College or Technikon, the Training Services we are are solely on a private basis. Your purchase of a Service on the Website is solely an agreement between IAG and yourself. IAG will never issue any certificate of whatever nature for the lectures it provides; rather, the Services are for the sole purpose of preparing Students registered at their respective institutions. For further inquiries please email us to: admin@intellectafrica.group.

7. Hyperlinks and Third Party Sites

• The Website may contain hyperlinks or references to third party advertising and websites other than this Website. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.

8. Limitation on Our Liability

• IAG cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of IAG, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to admin@intellectafrica.group or by contacting 011 083 6560.
• IAG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
• YOU HEREBY INDEMNIFY IAG AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

9. Governing law and jurisdiction

• These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
• In the event of any dispute arising between you and IAG, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
• Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

10. Conclusion of Sales and availability of stock

• Registered users may place orders for Services, which IAG may accept or reject. Whether or not IAG accepts an order depends on the availability of Services, correctness of the information relating to the Services (including without limitation the price) and receipt of payment or payment authorisation by InAG for the Services.
• NOTE: IAG will indicate the acceptance of your order by delivering the Services to you, and only at that point will an agreement of sale between you and IAG come into effect (the “Sale”). This is regardless of any communication from IAG stating that your order or payment has been confirmed. IAG will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
• Orders may not be cancelled after IAG have completed the execution of the services successfully purchased. If the execution of the work is partially complete or not yet done, you may cancel the Sale only in accordance with the Services Reversal Policy.
• Placing Services in a shopping basket without completing the purchase cycle does not constitute a valid order for such Services, and as such, the Services may be removed from the shopping basket if the Services availability status changes. You cannot hold IAG liable if such Services are not available when you complete or attempt to complete the purchase cycle at a later stage.
• You acknowledge that offers on the Website are limited for a certain number and duration as prescribed by IAG from time to time. IAG will take all reasonable efforts to ensure that the number of offers available are permitted and thereafter, that offer will be discontinued. When the offer is no longer valid after placing an order, IAG will notify you and you will be entitled to a refund of the amount paid by you for such Services. 

11. Payment

• We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
• Payment can be made for Services via –
  • Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery of services until such time as the additional information is received by us and authorisation is obtained by us for the amounts so paid. If we do not receive authorisation, your order for the Services will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Services. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  • Instant EFT via Payfast;
  • Direct Bank Transfer: It is your duty to ensure that you use valid Intellect Africa Group banking details for your order. If you are not sure contact us for verification before payment. We will not accept responsibility for any payments made to an incorrect bank account. We withhold the right to delay Service delivery until such time the amounts paid reflects in our bank account.
• The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment Assistance, which is incorporated by reference.
• You may contact us via email at admin@intellectafrica.group to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
• Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Services.

12. Delivery of Services

• IAG offers to deliver the Services online. Meetings will be scheduled on Microsoft Teams, Zoom or Google Meetings. Customers may also schedule appointments for meeting for physical visits at our premises. Due to COVID-19 pandemic we encourage customers to use our online platforms.
• Where IAG accepts your order, we will deliver the Services to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”) depending on the type of Services you purchase. We will notify you if we are unable to deliver the Services during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Services. If you elect to cancel your order, we will reimburse you for the purchase price.

13. Errors

• We shall take all reasonable efforts to accurately reflect the description and purchase price of Services on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Services Reversal Policy. 

14. Coupons

• IAG may from time to time make electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of IAG’s Services. Coupons  can only be redeemed while they are valid and their expiry dates cannot be extended.  More specifically:
• Coupons
  • Coupons are issued electronically in IAG’s sole discretion.  Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. 
• As a general rule, and unless specified otherwise on the specific Coupon itself:
  • a Coupon can only be used once, with promotional offers on the Website;
  • only one Coupon can be used per person unless IAG specifies otherwise; and
  • the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.  
• If IAG is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
• Discounts and Coupons permitted on our Website will not be redeemable for liquid cash, they can only be used to purchase a Service on the Website.
• Site Promotions
  • From time to time IAG will run promotions. These promotions will either be on selected Services or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.
  • Promo-code discounts, even if site wide, will only apply to physical Services.

15. Changes to these terms and conditions

• IAG may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
• Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

16. Electronic communications

• When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 10 above.

17. Notices

• IAG hereby selects admin@intellectafrica.group as the email address for the serving of all formal notices and legal processes in connection with these Terms and Conditions (“nominated email”). IAG may change this email address from time to time by updating these Terms and Conditions.
• You hereby select the address specified on the Services order form as your nominated address, but you may change it to any other physical address by giving IAG not less than 7 days’ notice in writing.
• Notices must be sent either by email and must be in English. All notices sent –
  • by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

18.  IAG information

• For the purposes of the ECT Act, IAG’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
  • Full name:          Intellect Africa Group (Pty) Ltd

                                                  Reg Number: 2018 /595575/07 

• • Phone number:  011 083 6560

19.  General

• IAG may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
• You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
• Any failure on the part of you or IAG to enforce any right in terms hereof shall not constitute a waiver of that right.
• If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
• No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
• No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
• These Terms and Conditions contain the whole agreement between you and IAG and no other warranty or undertaking is valid, unless contained in this document between the parties.

ACCEPTABLE USE POLICY

1. Prohibited uses

• You may use the Site only for lawful purposes. You may not use the Site:
  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to bully, insult, intimidate or humiliate any person;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You also agree not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment or network on which the Site is stored;
  • any software used in the provision of the Site; or
  • any equipment or network or software owned or used by any third party.

2. Interactive services

• We may from time to time provide interactive services on the Site.
• Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
• We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
• The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
• Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

3. Content standards

• These content standards (“Content Standards“) apply to any and all material which you contribute to the Site (“Contribution”), and to any interactive services associated with it.
• The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
• We will determine, in our discretion, whether a Contribution breaches the Content Standards.
• A Contribution must:
  • be accurate (where it states facts);
  • be genuinely held (where it states opinions); and
  • comply with the law applicable in South Africa and in any country from which it is posted.
• A Contribution must not:
  • be defamatory of any person;
  • be obscene, offensive, hateful or inflammatory;
  • bully, insult, intimidate or humiliate;
  • promote sexually explicit material;
  • include child sexual abuse material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal content or activity;
  • be in contempt of court;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • impersonate any person or misrepresent your identity or affiliation with any person;
  • give the impression that the Contribution emanates from IAG or one of its affiliates;
  • advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; and
  • contain any advertising or promote any services or web links to other sites.

SERVICE REVERSAL POLICY

Overview

• Customers normally reverse a service at no charge, provided that:
  • The execution of the required service has not commenced and
  • Reversal is done on the same day of purchase.
• We will reverse the transaction at no charge. Please bear in mind that refunds can take 5 – 10 working days to reflect in your account. We are entitled to refuse a service reversal if the work has been completed. 

Want to exchange?

• You may exchange a service for another service upto the value of the amount you initially paid.
• If the amount paid is more than the value of the second service you will be entitled for a refund.
• If the amount paid is less than the value of the second service your will settle the balance.

Coupons

• There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).
• Where you have used a Fixed Coupon to pay for an order, and you or IAG later cancels your order (or part thereof) prior to delivery of the relevant service(s), or you log a reversal of one or more services for a credit in accordance with this Policy, the value of the Fixed Coupon will be deducted from the purchase price of the cancelled or returned service(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. IAG may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the reversed service (or refund you if that is your preference).
• Where you have used a Percentage Coupon to pay for an order, and you or IAG later cancels your order (or part thereof) prior to delivery of the relevant service(s), or you log a return of one or more services for a credit in accordance with this Policy, the value of the discount received using the Percentage Coupon will be deducted from the purchase price of the cancelled or returned service(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. IAG may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned service (or refund you if that is your preference).

Charges

There following will apply for reversal of services that are partially or fully completed:

• Completed services: No refund
• Partially completed services: At the discretion of IAG we will apply a percentage to completion to the purchase price and you will be entitled to a refund of the remaining amount.