Entered into by and between
EXCEL ACADEMY TRAINERS AND ACTUARIES (PROPRIETARY) LIMITED
(The visitor to or user of the Excel Academy website located at
Table of Contents
1.1 Excel Academy Trainers and Actuaries (Proprietary) Limited (“Excel Academy”) is a private company duly incorporated in and subject to the laws of the Republic of South Africa.
1.1.1 Registration number: 2014/026508/07
1.1.2 Physical address: Unit 20, 2nd Floor, 1 Melrose Boulevard, Birnam,
Johannesburg, Gauteng, 2196
1.1.3 Registered address: Unit 20, 2nd Floor, 1 Melrose Boulevard, Birnam,
Johannesburg Gauteng, 2196
1.1.4 Phone: +27 74 141 6275 / +27 82 414 8661
1.1.5 Email address: [email protected];
1.2 You, the visitor to or user of the Excel Academy Website located at https://www.excelacademyinc.com
2.1 This Website Terms and Conditions of Use Agreement (“Agreement”) derives legal force and effect from section 11 of the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”).
2.2 This Agreement serves to comply with legislation, including inter alia, the ECTA and the Protection of Personal Information Act No. 4 of 2013 (“POPIA”), which aforementioned legislation affords visitors to, and users of, the Excel Academy Website, certain rights and informs those visitors and users of their obligations when visiting or using the Excel Academy Website.
2.3 If You do not agree with these Website Terms and Conditions of Use, you must immediately desist from further use of the Excel Academy Website. Your continued use of the Excel Academy Website, notwithstanding the provisions of this clause, constitutes substantive agreement with the terms and conditions set out in this Agreement, as may be amended from time to time.
3.1 The headings to the clauses of this Agreement are for reference purposes only.
3.2 Unless the context requires otherwise, the words and expressions will be interpreted as set out below and related expressions will be interpreted with corresponding meanings:
3.2.1 “Acceptance Date” refers to the date on which You visit and / or use the Excel Academy Website and / or any other Excel Academy websites that links to the Excel Academy Website and agree to these Terms and Conditions of Use either by browsing or by clicking “I agree”;
3.2.2 “Agreement” refers to this Website Terms and Conditions of Use Agreement;
3.2.3 “Excel Academy” refers to the Party mentioned in clause 1.1 above;
3.2.4 “Excel Academy Business Names” refers to, but are not limited to, brand and trade names and logos;
3.2.5 “Excel Academy Marks” refers to any trade-marks, service marks, logos, domain names or other marks of Excel Academy, whether registered or not;
3.2.6 “Excel Academy Service Offering” refers to any services which may be offered by Excel Academy from time to time;
3.2.7 “Excel Academy Website” refers to the website owned and operated by Excel Academy located at https://www.excelacademyinc.com;
3.2.8 “CPA” refers to the Consumer Protection Act, 68 of 2008; (https://www.gov.za/documents/consumer-protection-act);
3.2.9 “Do Not Contact” or “DNC Registry” refers to the Registry contemplated in section 11 of CPA and section 4 of the CPA Regulations, Vol. 550 No 34180;
3.2.10 “Domain Name” refers to an identification label that defines administrative autonomy, authority or control on the Internet and includes host names that identify internet protocol resources such as websites;
3.2.11 “ECT” refers to the Electronic Communications and Transactions Act 25, of 2002;
3.2.12 “ECT Required Information” refers to the information required to be made available in terms of section 43 of ECT;
3.2.13 “Electronic Transaction” refers to business, of either a commercial or non-commercial nature, and includes the provision of information, specifically, the Information made available on the Excel Academy Website;
3.2.14 “Goods” refers to the things defined in CPA and includes information written or encoded on any medium, such as a website and / or a licence to use such Information;
3.2.15 “Information” refers to facts or details about something or somebody, and includes the facts and details on Excel Academy and the Legal Notices published on the Website, from time to time;
3.2.16 “Intellectual Property” refers to the rights in and to copyright in any work in terms of the Copyright Act, 98 of 1978 and includes without limitation the right to reproduce that work, the rights in respect of a trade mark conferred by the Trade Marks Act, 194 of 1993, the rights in respect of a design conferred by the Design Act 195 of 1993, the rights conferred by the Patents Act, 57 of 1978, including any applications for the any of these and any names, licenses, know-how, trade secrets and data associated with the these and, rights to domain names;
3.2.17 “Legal Notices” refers to this Agreement together with any other notices published on the Excel Academy Website from time to time including, but not limited to, the Excel Academy Privacy Notice and Email Legal Notice;
3.2.18 “Parties” refers to Excel Academy and You, and “Party” refers to either one of these as the context requires;
3.2.19 “Personal Information” has the meaning ascribed to it in terms of section 1 of POPIA.
3.2.20 “POPIA” refers to the Protection of Personal Information Act No. 4 of 2013, as amended from time to time.
3.2.21 “RICA” refers to the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2002;
3.2.22 “Record” refers to information required to be retained in compliance with South African law, Excel Academy business or, information that may be required as evidence;
3.2.23 “Services” refers to the things defined in CPA and includes the provision of, access to, or right of access to information or similar intangible things;
3.2.24 “Uncontrollable Event” refers to, inter alia, fire, flood, earthquake, acts of nature or of God, riots, civil disorder, pandemics, rebellions or revolutions in any country or any other cause beyond the control of Excel Academy including the disruption, suspension or termination of Services provided by a third party to Excel Academy that may result in the Excel Academy Website not being available and/or the Excel Academy Service Offering not being available from time to time;
3.2.25 “You” refers to the party mentioned in 1.2 above;
3.2.26 “Website” refers to a collection of web pages containing information, images, videos other digital assets accessed through a web browser and displayed on a monitor or mobile device hosted on a web server and accessible via the Internet;
3.2.27 “Web Browser” refers to a software application used to retrieve, present and traverse information resources on the World Wide Web;
3.2.28 “Writing” refers to a written document that excludes, either wholly or partly, any part of a data message as defined in ECT and/or ECTA; and
3.2.29 “Signed” refers to a signature executed by hand with a pen and without any electronic process or intervention.
3.3 Any reference in this Agreement to:
3.3.1 A “clause” will, subject to any express contradiction, be interpreted to mean a clause in this Agreement;
3.3.2 A “law” will be interpreted to include the common law, statute law, the 1996 Constitution of South Africa, decrees, judgements, treaties, regulations, directives, by-laws, orders or any other legislative measure; and
3.3.3 A “person” will be interpreted to include a natural or juristic person.
3.4 Unless inconsistent with the context, an expression which denotes:
3.4.1 Any one gender includes the other genders; and
3.4.2 The singular includes the plural and vice versa.
3.5 Any reference to an enactment in this Agreement is to that enactment as at the Acceptance Date and as amended or re-enacted from time to time by Excel Academy.
3.6 The rule of construction that, in the event of ambiguity, the agreement shall be interpreted against the party responsible for the drafting or preparation of the agreement, shall not apply.
4.1 Excel Academy grants You a limited, revocable, non-transferrable, licence to use this Excel Academy Website subject to the terms of this Agreement.
5.1 This Agreement will commence on the Acceptance Date and continue indefinitely until terminated by Excel Academy.
5.2 Excel Academy reserves the right to amend this Agreement as and when necessary and entirely at Excel Academy’ discretion.
5.3 Each amended version of this Agreement, current at the time You visit or use the Excel Academy Website, will be the applicable version of the Agreement between Excel Academy and You and will govern the Electronic Transaction which took place at that time.
5.4 Excel Academy reserves the right to change or to discontinue any aspect or feature of the Excel Academy Website at any time including, but not limited to content, availability and access requirements.
5.5 Excel Academy will take all reasonable steps to ensure that You have access to all archived versions of this Agreement, where reasonably possible and practical.
6.1 The Excel Academy Website is comprised of Intellectual Property including, Domain Name, copyright, trade mark, design and/or patent protected under South African law and international treaties. Unless otherwise indicated, Excel Academy reserves all rights in and to the Intellectual Property owned by, or licensed to Excel Academy.
6.2 You may make a temporary copy of part, or all of, the Website on your computer or mobile device for the purpose of viewing it. You may print limited hard copy versions for personal use provided that any copyright, trade mark or other intellectual property notices are not removed and the material is appropriately attributed to Excel Academy. Subject to the limited license granted to You by Excel Academy in terms hereof, You may not in any form or by any means, without the prior written consent of Excel Academy:
6.2.1 commercially process, exploit, reproduce, distribute, display, transmit, publish or broadcast any Excel Academy Website content;
6.2.2 claim ownership of all or any part of the Excel Academy Website content;
6.2.3 modify or repost the Excel Academy Website content;
6.2.4 create a link to the Excel Academy Website from another website; or
6.2.5 copy, incorporate, store, frame or embed all or any part of the Excel Academy Website content on another Website or retrieval system.
6.3 Excel Academy Business Names and Marks referenced on the Excel Academy Website are the registered or unregistered Intellectual Property of Excel Academy. Any unauthorised use of the Excel Academy Business Names and Marks, and/or other Excel Academy Intellectual Property, is strictly prohibited.
6.4 Third party Intellectual Property assets, including but not limited to patents, names, goods and services referenced on the Excel Academy Website are the Intellectual Property of the respective third parties. Any unauthorised use of Third party Intellectual Property assets is strictly prohibited.
7.1 Excel Academy is committed to complying with legal, business and evidential requirements for information and record retention.
7.2 Excel Academy will use reasonable endeavours to ensure the security, including the confidentiality, integrity and availability of any information that You provide to Excel Academy through the “Contact Us” or email functionality associated with the Excel Academy Website. It is nevertheless your responsibility to keep records and backups of your information.
7.3 Any Personal Information that you provide will be processed in line with the Excel Academy Privacy Notice published on the Excel Academy Website as a Legal Notice.
8.1 The Excel Academy Website includes functionality that enables You to contact Excel Academy by email and for Excel Academy to respond by email.
8.2 You hereby agree to generally acceptable website and email etiquette. In this regard, You will be deemed to have read the Excel Academy Email Legal Notice and other Legal Notices published on the Excel Academy Website and incorporated into this Agreement by reference.
8.3 Excel Academy is committed to complying with legislation and ensuring the availability of its Website and related email functionality to the public at large. The acceptable use provisions of this Agreement seek to support these objectives. As such, You agree not to use the Website and related email functionality in a way that:
8.3.1 is unlawful, incites criminal acts, is harmful or interferes with the confidentiality, integrity and availability of Excel Academy’s systems and networks;
8.3.2 interferes with the use or enjoyment of other persons access to or use of the Excel Academy Website and related email functionality;
8.3.3 infringes Intellectual Property rights;
8.3.4 results in the publication of threatening or offensive material that is disrespectful of the rights of others;
8.3.5 results in unsolicited communications;
8.3.6 is a security risk; or
8.3.7 is a violation of privacy howsoever arising, including but not limited to, any act that would constitute an infringement of the POPIA or which would cause Excel Academy to infringe any provisions of the POPIA.
8.4 You remain personally liable for the consequences of any contravention of these provisions and/or failure to comply with law and hereby indemnify and hold Excel Academy harmless against any losses and/or damages, whether direct and/or indirect, which you may suffer as a result of a contravention of these provisions.
9.1 To comply with law and in line with international standards and best practice relating to the use of information technology in its business, Excel Academy may at its discretion, monitor and/or intercept, live communications such as email and website activity in compliance with RICA.
9.2 Subject to the provisions of ECT, South African and international privacy principles, including but not limited to the POPIA, Excel Academy will where necessary and if required by law, access static information created, received, communicated and/or stored by Excel Academy as part of its business.
9.3 Subject to the provisions of RICA, POPIA and ECT, You agree to the monitoring, interception and access to information, including Personal Information, relating to the use of the Excel Academy Website and related email functionality.
10.1 This Agreement shall be exclusively governed by and interpreted in accordance with the laws of the Republic of South Africa.
11.1 You agree that Excel Academy may from time to time send you communications regarding, but not limited to, the Excel Academy Service Offerings, which include both Goods and Services as defined in the CPA.
11.2 You will always have the choice to:
11.2.1 inform us in writing that you do not wish to continue receiving communications, or;
11.2.2 block any communications by registering on the DNC Registry as contemplated in the CPA.
12.1 YOU AGREE TO SUBMIT ALL COMPLAINTS RELATING TO THIS AGREEMENT TO EXCEL ACADEMY FIRST IN ORDER TO AFFORD US AN OPPORTUNITY TO RESOLVE THE COMPLAINT WITHIN A REASONABLE PERIOD BEFORE YOU PROCEED TO REFER ANY FORMAL COMPLAINTS TO ANY RELEVANT AUTHORITY.
13.1 Subject to clause 12 above, and without restriction on any rights to approach a competent court or an appropriate forum, relating to a dispute arising from this Agreement, You agree to confidential arbitration in accordance with the terms below.
13.2 You agree that any dispute arising from or in connection with this Agreement may be finally resolved by arbitration in accordance with the rules of the Arbitration Act, No. 42 of 1965 by an arbitrator appointed by mutual agreement between the Parties, and failing mutual agreement, by an arbitrator appointed by the President for the time being of the Legal Practice Council of South Africa, and that such proceedings shall be held in Johannesburg in English.
14.1 This Agreement constitutes the entire agreement between Excel Academy and You in regard to the subject matter hereof and no addition to, variation, modification or consensual cancellation of this Agreement shall be of any force or effect unless reduced to, and/or agreed to, in Writing by Excel Academy.
14.2 Any data message as defined in the ECT, or a copy, printout or extract of such a message Signed by an authorised Excel Academy representative will be absolute proof of the contents of the copy, printout or extract of such a message.
14.3 No failure or delay on the part of Excel Academy in exercising any rights in terms of this Agreement shall operate as a waiver, nor shall any single or partial exercise of any right prevent any other, or further exercise such rights, or the exercise of any other rights.
14.4 Should any clause or term of this Agreement be invalid, unenforceable or illegal, the remaining terms and provisions of the Agreement shall be deemed to be severable therefrom and shall continue to be of full force and effect unless such invalidity, unenforceability or illegality goes to the root of this Agreement.
15.1 TO THE FULLEST EXTENT PERMITTED IN LAW, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USE OF THE EXCEL ACADEMY WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. EXCEL ACADEMY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU, HOWSOEVER ARISING WHETHER ARISING FROM A VISIT TO, OR USE OF THE EXCEL ACADEMY WEBSITE, THIS AGREEMENT OR OTHERWISE.
16.1 Excel Academy may provide links from the Excel Academy Website to external third party websites. Any such link is provided for Your use and convenience and does not constitute an endorsement, recommendation or certification by Excel Academy of the external link. Likewise, the presence of links should not in any way be construed as a suggestion that the external link has a relationship with Excel Academy. Excel Academy is not responsible for the content or practices of any such website accessed from the Excel Academy Website through these external links.
17.1 THE INFORMATION CONTAINED HEREIN IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF RELIABILITY, FITNESS FOR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. EXCEL ACADEMY WILL ENDEAVOUR TO TAKE ALL REASONABLE CARE TO ENSURE THE ACCURACY OF INFORMATION AND THE AVAILABILITY OF THE EXCEL ACADEMY WEBSITE, BUT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES. AS SUCH, THE EXCEL ACADEMY WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
18.1 TO THE FULLEST EXTENT PERMISSIBLE IN LAW, YOU HEREBY UNCONDITIONALLY, IRREVOCABLY AND UNRESERVEDLY INDEMNIFY AND HOLD EXCEL ACADEMY, ITS PUBLIC OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, LICENSORS AND SERVICE PROVIDERS, HARMLESS AGAINST ALL LOSS, DAMAGES, CLAIMS, LIABILITY AND/OR COSTS, OF WHATSOEVER NATURE, HOWSOEVER AND WHENSOEVER ARISING, AS A RESULT OF AND WITHOUT LIMITATION, THE FOLLOWING:
18.1.1 VISITING OR USING THE EXCEL ACADEMY WEBSITE;
18.1.2 DOWNLOADING DATA, TEXT, IMAGES;
18.1.3 RELIANCE ON THE EXCEL ACADEMY WEBSITE CONTENT;
18.1.4 LINKS TO OTHER EXCEL ACADEMY OR THIRD PARTY WEBSITES;
18.1.5 HARDWARE, SOFTWARE, SYSTEM OR NETWORK MALFUNCTION; OR
18.1.6 ANY PURCHASES OF EXCEL ACADEMY SERVICE OFFERINGS MADE ON THE EXCEL ACADEMY WEBSITE;
18.1.7 ANY OTHER CAUSE WHATSOEVER ARISING FROM OR RELATING TO VISITING OR USING THE EXCEL ACADEMY WEBSITE.
19.1 Excel Academy will exercise reasonable skill, diligence and care as may reasonably be expected from a similar website provider.
Excel Academy Trainers and Actuaries (Proprietary) Limited
Privately held company
Registered address and the address for receipt of legal service of documents
Unit 20, 2nd Floor, 1 Melrose Boulevard, Birnam, Johannesburg, Gauteng, 2196
+27 74 141 6275 / +27 82 414 8661
Company registration number
Place of registration
Republic of South Africa
Full price of goods and services
Terms of agreement and URL to access terms
Last updated: 18 May 2022