Date of last amendment: 24 June 2019
PLEASE NOTE THAT if you register for a course with GIBS Online, the Student Terms and Conditions will apply too.
PLEASE NOTE THAT if you do not agree to these terms you MUST immediately refrain from accessing this website and using our services.
This document sets out the terms and conditions (“Terms”) of GIBS Online (powered, created and operated by MasterStart Online (Pty) Ltd in partnership with The Gordon Institute of Business Science and the University of Pretoria (hereafter referred to as “GIBS Online”, “we”, “our” or ”us”) pertaining to all access or use and use of the information, products, services and functions provided on www.gibsonline.co.za (“website”). Any reference to "GIBS Online", "we", "our" or "us" includes our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
Should any person that accesses the Website (hereinafter referred to as “you” or “user” or “users”) disagree with any of the Terms contained herein, you must refrain from accessing the Website and/or using or services.
If you are under the age of 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by these Terms before purchasing any products or services.
GIBS Online reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the Terms. Such amendments shall supersede and replace any previous Terms and shall be made available on the Website. Each time a user accesses the Website and/or uses the services, the user shall be deemed to have consented, by such access and/or, to the Terms, as amended and/or replaced by GIBS Online from time to time. If you are not satisfied with the amended Terms, you must refrain from using the Website.
If there is anything in these Terms that you do not understand then please contact us at [email protected] or on +27 21 569 0078. Please note that calls to us are charged at national rates and may be monitored for training, security, quality purposes and other verbal agreements.
CONTENT OF THE WEBSITE
GIBS Online reserves the right to make improvements, to change or discontinue, without notice, any aspect or feature of the Website and any information or content of the Website.
GIBS Online reserves the right to change and amend the products, prices and rates quoted on this Website from time to time without notice.
Please note that nothing contained on this Website constitutes an offer, but only an invitation to view our Website and its content, and to enrol in courses offered.
GIBS Online may use the service of third parties to provide information on the Website. GIBS Online has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The user agrees that such information is provided ‘as is’ and that GIBS Online and its online partners shall not be liable for any losses that may arise from the user’s reliance on it, however these may arise.
GIBS Online makes no representations or warranties, whether implied or expressly, as to the accuracy, completeness or reliability of any information, data and/or content on the Website, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law. All information on this Website is for personal use only. All use and reliance on content and information provided through this Website will be at your own risk.
GIBS Online does not warrant that the Website or information or downloads shall be error-free or that they shall meet any criteria of performance or quality. GIBS Online expressly disclaims all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
Whilst GIBS Online has taken all reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or application available via the website are free of viruses, or any other data or code which has the ability to corrupt, damage or affect the operation of the user’s system. You will be exclusively responsible for any damage caused to your software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
Information published on this Website may be done so in the format in which GIBS Online receives it and statements from external parties are accepted as fact.
LINKED THIRD PARTY WEBSITES AND THIRD PARTY CONTENT
GIBS Online may provide links to third party websites on the Website. These links are provided to the user for convenience purpose only and GIBS Online does not endorse, nor does the inclusion of any link imply GIBS Online’s endorsement of, such websites, their owners, licensees or administrators or such websites’ content or security practices or operations.
While GIBS Online tries to provide links only to reputable websites or online providers. GIBS Online cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of GIBS Online. GIBS Online is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the Website.
You agree that GIBS Online shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the Website. Any dealings that you may have with linked websites, including advertisers, found on the Website, are solely between you and the third party website.
The user hereby agrees that it shall not itself, nor through a third party:
While GIBS Online takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
In order to ensure the security and reliable operation of the services to all GIBS Online’s users, GIBS Online hereby reserves the right to take whatever action it may deem necessary to preserve the security, integrity and reliability of its network and back-office applications.
You may not utilise the Website in any manner which may compromise the security of GIBS Online’s networks or tamper with the Website in any manner whatsoever, which shall include limitation, gaining or attempting to gain unauthorised access to the Website, or delivering or attempting to deliver any unauthorised, damaging or malicious code to the Website, all of which is expressly prohibited. Any person or entity which does so, or attempts to do so, shall be held criminally liable. Further, should GIBS Online suffer any damage or loss, civil damages shall be claimed by GIBS Online against the user.
Any user who commits any of the offences detailed in Chapter 13 of the Electronic Communications and Transactions Act 25 of 2002 (“ETCA”) (specifically sections 85 to 88 (inclusive) shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by GIBS Online and its affiliates, agents and/or partners.
INTELLECTUAL PROPERTY RIGHTS
For the purpose of this clause, the following words shall have the following meanings ascribed to them:
"Intellectual property rights" means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by GIBS Online, now or in the future, including without limitation, GIBS Online's rights, title and interest in and to all technology, source code/s, trade secrets, logos, systems, methods, trademarks, trade names, styles, insignia, designs, patents and copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website ("proprietary material"), are the property of, or are licensed to, GIBS Online and as such are protected from infringement by local and international legislation and treaties. The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. You are permitted to display the content of this Website on your computer as part of your viewing of the Website only. All copyright infringements must be reported to us at [email protected]
By submitting reviews, comments and/or any other content (other than your personal information) to GIBS Online for posting on the Website, you automatically grant GIBS Online and its affiliates a nonexclusive, Royalty free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sublicense, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
Except with GIBS Online's express written permission, no proprietary material from this Website may be copied or retransmitted.
Irrespective of the existence of copyright, the user acknowledges that GIBS Online is the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that the user has no right, title or interest in any such material.
GIBS Online authorises you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
ACCEPTABLE USE POLICY (“AUP”)
By accessing or using the website you agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy ("AUP") sets out in detail what forms of conduct GIBS Online regards as unacceptable on the part of its users and the steps which GIBS Online may take in response to unacceptable use of its services.
By using this website, you agree, without limitation or qualification, to be bound by this policy and the terms and conditions it contains, as well as any other additional terms, conditions, rules or policies which are displayed to you in connection with the services provided by this website.
GIBS Online’s online services may only be used for lawful purposes and activities. GIBS Online prohibits any use of its services including the transmission, storage and distribution of any material or content using GIBS Online’s network and/or website that violates any law or regulation of the Republic. This includes, but is not limited to:
Threats to Network Security:
Any activity which threatens the functioning, security and/or integrity of GIBS Online’s network is unacceptable. This includes:
Spam and Unsolicited Bulk Mail:
GIBS Online regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
GIBS Online will take swift and firm action against any user engaging in any of the following unacceptable practices:
Users outside of South Africa:
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently resident and which apply to the user. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, GIBS Online will assist foreign law enforcement agencies in the investigation and prosecution of a crime committed using GIBS Online’s online resources, including the provisioning of all personal identifiable data.
GIBS Online prohibits users from doing the following on hosting platforms administered by GIBS Online:
Protection of Minors:
GIBS Online prohibits users from using GIBS Online’s online services to harm or attempt to harm a minor, including but limited to, hosting, processing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
GIBS Online prohibits users from using GIBS Online’s online services to host sexually explicit or pornographic material of any nature.
Privacy and Confidentiality:
You, the user of the website, are responsible for any misuse of GIBS Online’s online services that occurs through your account. It is the user’s responsibility to ensure that unauthorised persons do not gain access to or misuse GIBS Online’s service.
GIBS Online urges users to users to not reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so, remains the sole responsibility of the user and GIBS Online cannot be held liable for the users being placed on any bulk mailing lists as a result
Where the user has authorised a minor to use any of GIBS Online’s online services or access its websites, the user accepts that as the parents/legal guardian of that minor, the user is fully responsible for: the conduct of such minor, controlling the minor’s access to and use of any services or websites, and the consequences of any misuse by the minor.
Complaints relating to any violation of this AUP should be submitted in writing to [email protected] Complaints must be substantiated, and unambiguously state the nature of the problem, and its connection to GIBS Online’s online network and service.
Action following a breach of the AUP:
Upon receipt of a complaint, or having become aware of an incident, GIBS Online may, in its sole and reasonably-exercised discretion take any of the following steps:
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
Reservation and Non waiver of rights:
GIBS Online reserves the right to amend or alter this policy at any time, and without notice to the user.
GIBS Online reserves the right to take action against any individuals, companies or organisations that violate the AUP, or engage in any illegal or unlawful activity while accessing GIBS Online’s services, to the fullest extent of the law.
GIBS Online reserves the right, at its sole discretion, to act against other types of abuse not listed in the document and to investigate or prevent illegal activities being committed over GIBS Online’s network.
GIBS Online does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should GIBS Online fail, neglect or elect not to enforce a breach of the AUP at any time,
RISK, LIMITATION OF LIABILITY AND INDEMNITY
The user's use of this website and the information contained on the website is entirely at the user's own risk and the user assumes full responsibility and risk of loss resulting from the use thereof.
The transmission of information via the internet, including without limitation email, is susceptible to monitoring and interception. The user bears all risk of transmitting information in this manner. Under no circumstances shall GIBS Online be liable for any loss, harm, or damage suffered by the user as a result thereof. GIBS Online reserves the right to request independent verification of any information transmitted via email and the user consents to such verification should GIBS Online deem it necessary.
To the extent permissible by law:
Neither GIBS Online, its affiliates, shareholders, agents, consultants or employees shall be liable for any damages whatsoever, including without limitation any direct, indirect, special, incidental, consequential or punitive damages, howsoever arising (whether in an action arising out of contract, statute, delict or otherwise) related to the use of, or the inability to access or use the content of the website or any functionality thereof, or the information contained on the website, or of any linked website, even if GIBS Online knows or should reasonably have known or is expressly advised thereof.
The liability of GIBS Online for faulty execution of the website as well as all damages suffered by the user, whether direct or indirect, as a result of the malfunctioning of the website shall be limited to GIBS Online rectifying the malfunction, within a reasonable time and free of charge, provided that GIBS Online is notified immediately of the damage or faulty execution of the website. This liability shall fall away and be expressly excluded if the user attempts to correct or allows third parties to correct or attempt to correct the website without the prior written approval of GIBS Online. However, in no event shall GIBS Online be liable to the user for loss of profits or for special, incidental, consequential or punitive losses or damages arising out of or in connection with the website or its use or the delivery, installation, servicing, performance or use of it in combination with other computer software.
You hereby unconditionally and irrevocably indemnify GIBS Online and agree to hold GIBS Online free from all loss, damages, claims and/or costs, of whatsoever nature suffered or incurred by GIBS Online or instituted against GIBS Online as a direct or indirect result of:
Your use of the website;
Software, programs and support services supplied by, obtained by or modified by you or any third party without the consent or knowledge of GIBS Online;
Your failure to comply with any of the terms or any other requirements which GIBS Online may impose from time to time;
The actions or requirements of any telecommunications authority or a supplier of telecommunications services or software; or
Any unavailability of, or interruption in, the service which is beyond the control of GIBS Online.
GIBS Online makes no warranty or representation as to the availability, accuracy or completeness of the content of the website. You expressly waive and renounce all your rights of whatever nature that you may have against GIBS Online for any LOSS suffered by you, as a result of information supplied by GIBS Online being incorrect, incomplete or inaccurate.
Your use of our services signifies your consent to us collecting and using your personal information as specified below.
What is personal information? If we refer to "personal information" or "information" in this policy, we mean personal information as defined in Protection of Personal Information Act 4 of 2013 ("POPI"). It includes, for example, your full name, surname, email address, identity number, contact details, and location.
Collecting your personal information: We collect information about you when you use this website. We may also collect information about you from third parties. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
Third party links on this website: This website may include links to other third party websites which do not fall under our control. We cannot accept any responsibility for your privacy on these websites.
How we use your information: We use your information to provide a better service to you and generally for purposes of our service.
What information: We generally store and use the following information:
Purposes for processing information: We will process adequate and relevant information to:
Right to object: You may on reasonable grounds object to us using your information. If you object, we will stop using your information, except if the law allows its use. Should you wish for us to stop using your personal information, please contact us immediately at [email protected]
Lodging a complaint: If you believe we are using your information unlawfully, please email us at [email protected] so we can investigate the situation.
GIBS Online will -
We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
Whilst GIBS Online will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
How can you manage your privacy preferences? If you'd like us to stop processing your information for marketing purposes, please write to us at [email protected]
By subscribing as a user, you agree that you shall hold in the strictest confidence and not disclose to any third party information acquired in connection with any aspect of the products and/or services offered by GIBS Online. You shall notify GIBS Online should you discover any loss or unauthorised disclosure of the information.
Any information or material sent to GIBS Online will be deemed not to be confidential, unless otherwise agreed in writing by the user and GIBS Online.
BREACH OR CANCELLATION BY GIBS ONLINE
GIBS Online is entitled without notice, in addition to any other remedy available to it at law or under these Terms, including obtaining an interdict, to enforce or cancel these Terms, limit or deny such user use of the Website and services, or to claim specific performance of any obligation whether or not the due date for performance has arrived, in either event without prejudice to GIBS Online's right to claim damages, should any user:
Breach of these Terms entitles GIBS Online to take legal action without prior notice to the user and the user agrees to reimburse the costs associated with such legal action to GIBS Online on an attorney and own client scale.
By using the Website and/or the Services and accepting these Terms, you agree that all agreements, notices, disclosures and other communications sent by you or GIBS Online satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing". For the purposes of this paragraph, a "data message" means data generated, sent, received or stored by electronic means.
You agree specifically that:
The Electronic Communications and Transactions Act 25 of 2002 states that when goods or services are offered by way of electronic transactions, the seller must make certain information available to customers on websites where the goods or services are offered. This information is set out below:
CONSUMER PROTECTION ACT
If these Terms (or any contract governed by these Terms) or the Services provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
No provision of these Terms (or any contract governed by these Terms):
COMPLAINANTS AND DISPUTES PROCEDURE
You hereby agree to first contact us and attempt to resolve the dispute informally. If your complaint arises from your registration or participation in a course administered through our Websites, the relevant provisions of Students Terms and Conditions shall apply.
All other disputes shall be referred to mediation and, in the event of mediation failing, arbitration under the arbitration laws and rules applicable in the Republic of South Africa, with such arbitration to be held in Cape Town, South Africa, unless otherwise agreed between us.
Please note that the foregoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.
Except explicitly stated otherwise, any notices shall be given by email to [email protected]
Notice shall be deemed given 48 (forty eight) hours after the email is sent, unless the sending party is notified that the email address is invalid.
Alternatively, GIBS Online may give you notice via registered mail, postage prepaid and return receipt requested, to the address which you have provided GIBS Online. n such case, notice shall be deemed given 7 (seven) days after the date of mailing.
You acknowledge that all agreements, notices or other communication required to be given in terms of the law of these Terms may be given via electronic means and that such communications shall be “in writing”. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.
Suspension and/or termination of service: GIBS Online 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.
Governing law and jurisdiction: These Terms shall be governed in all respects by the laws of the Republic of South Africa. If users access this Website from location outside of South Africa, that user is responsible for compliance with all local laws.
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 GIBS Online, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this above mentioned paragraph or the Student Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Whole agreement: These Terms constitute the whole of the agreement between yourself and GIBS Online in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect
Assignment: These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you without the prior written consent of GIBS Online, but any rights and licenses granted in these Terms may be assigned by GIBS Online without restriction.
No guarantee: GIBS Online does not guarantee continuous, uninterrupted or secure access to our service, as operation of our website may be interfered with as a result of a number of factors which are outside of our control.
Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, such provision shall be struck out from these Terms and the remaining provisions shall be enforced to the full extent of the law.
No Waiver of GIBS Online’s rights: GIBS Online’s failure to act with respect to a breach by you or others does not constitute a waiver of our right to act with respect to subsequent or similar breaches.
Terminology: The head notes to the paragraphs to the Terms are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate. Words importing the singular shall include the plural and vice versa, and words importing the masculine gender shall include females and words importing persons shall include partnerships and corporate and unincorporated entities.
Hyperlinks: In these Terms there may be hyperlinks to certain documents, these documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.