10 January 2024
TERMS AND CONDITIONS OF BROWSING OF THE STADIO WEBSITE
1.1. Unless otherwise stated, this Website is provided to you by STADIO Proprietary Limited (“STADIO”, “we”, “us” or “our”), registration number 2004/ /031722/07, a company registered in the Republic of South Africa having its registered office at Office 101, The Village Square, c/o Queen and Oxford Streets, Durbanville, 7550. STADIO is registered with the Department of Higher Education and Training as a private higher education institution under the Higher Education Act, 1997, registration number 2008/HE07/004.
1.2. The term “Website” refers to the STADIO website, portal, mobisite or any other such application as may be available in the future and if inferred from the context, may also include any other website or part thereof, accessed through a link to our website or portal and shall include, but is not limited to, social media sites such as Facebook, Instagram, Twitter, LinkedIn, YouTube or any such site.
1.3. The term “you” refers to the user or viewer of the STADIO Website.
1.4. You should read these terms and conditions (“Terms”) carefully and by using the Website, you indicate that you are aware of and voluntarily accept these terms and that you agree to abide by them. If you do not accept these terms, please exit the Website immediately and do not continue using the Website.
1.5. This Website is supplied on an “as is” basis and has not been compiled or supplied with the intention of meeting your individual requirements. It is your sole responsibility to satisfy yourself, prior to making use of this Website, that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
2. PRIVACY AND CONSENT TO THE PROCESSING OF PERSONAL INFORMATION
2.1. These provisions, in terms of STADIO policy, are required in order for STADIO to respect your right to the privacy of your personal information and to act in accordance with applicable laws.
2.3. You agree to the processing of your personal information by STADIO for the above purposes and to the secure cloud storage of your information outside the Republic of South Africa, and in the event of any reorganization, merger, or acquisition of STADIO, that your personal information may be transferred as part of the transaction to the acquirer, whether inside or outside the Republic of South Africa.
2.4. STADIO adheres to generally accepted security procedures and uses accredited internet security software to protect the privacy of your personal information.
2.5. You have the right to lodge a complaint to the Information Regulator: [email protected] to enable processing of your personal information to be reasonable.
3. INFORMATION ON THIS WEBSITE
3.1. STADIO will endeavour to ensure all content on the Website is accurate and up to date. STADIO does not make any representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted.
3.2. STADIO has not determined that the Website content is suitable for any particular purpose and/or supplied with the intention of meeting your individual requirements, other than as a general reference, and has not necessarily disclosed all risks relating to the Website content or its subject matter.
3.3. Information, ideas and opinions expressed on this Website should not be regarded as professional advice (including, but not limited to business, financial, investment, trading, or other advice) or the official opinion of STADIO. You must seek advice prior to taking any action (including but not limited to investment, transactional or similar decisions) based on the contents of this Website.
3.4. No information or content on this Website is an offer to study or to do business (which upon acceptance by yourself will constitute a contract) but is merely an invitation to study or do business. No agreements shall be concluded merely by sending a data message to this Website or its owners. Valid agreements require an acknowledgement of receipt of an offer, duly received from us. This is subject to the provisions in section 11 of the Electronic Communications and Transactions Act.
4. INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
4.1. This Website contains information which is owned by or licensed to STADIO, including but not limited to logos, text, design, layout, graphics, icons and other information related to the Website. This information is protected under applicable intellectual property laws and reproduction, distribution, publication or any other use, either in whole or in part, other than in accordance with the next paragraph is strictly prohibited. Without limiting the generality of the rights granted to you under applicable intellectual property law, you are granted a non-exclusive, non-transferable, revocable license to:
4.1.1. access and use this Website strictly in accordance with these Terms.
4.1.2. to use this Website solely for personal, non-commercial and lawful purposes.
4.1.3. to download, view, save or print out information from the Website solely for personal, non-commercial purposes, provided that all copyright and other intellectual property notices therein are unchanged.
4.2. All trademarks and trade names are and shall remain the exclusive property of STADIO and its affiliates.
4.3. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware, servers in any way and you agree not to interfere with others’ use of the Website.
5. LINKS TO AND FROM OTHER SITES
5.1. Links to third party sites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed all these third-party sites. We do not control and are not responsible for these sites or their content or availability. We therefore do not endorse or make any representations about any third-party site, or any material found in such sites, or any results that may be obtained from using them and STADIO disclaims any responsibility for the materials contained in such linked sites. If you decide to access any of the third-party sites linked to the Website, you do so entirely at your own risk. You may use the online feedback form to notify STADIO of any content on such linked sites that may be offensive or illegal.
5.2. It is expressly prohibited for any person, business, entity or site to represent any page on this Website, including the home page, in any way whatsoever, such as framing, on their site so that it appears to be their own information.
5.3. You may not create a link to this Website from a third-party site or document without our prior written consent.
5.4. If you would like to link to the Website and have our permission to do so, you may only do so on the basis that you link to, but do not replicate, any page of the Website, and subject to the following conditions:
5.4.1. you do not remove, distort or otherwise alter the size or appearance of the STADIO logo or any of its related logos;
5.4.2. you do not alter any content provided by STADIO in any way;
5.4.3. you do not in any way imply that STADIO is endorsing any products or services other than its own;
5.4.4. you do not misrepresent your relationship with us nor present any other false information about STADIO;
5.4.5. you do not link from any other site that you do not have the necessary authority or permission to link from; and
5.4.6. the site you are linking from is secure and does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of STADIO or any other person nor does not comply with all applicable laws and regulations.
5.5. STADIO expressly reserves the right to revoke the right granted in clause 5.4 for breach of these terms and to take any action we deem appropriate.
5.6. You shall fully indemnify STADIO for any loss or damage suffered by STADIO or any of its affiliates or related companies for breach of clause 5.4.
6. DISCLAIMER AND LIABILITY
6.1. No representation or warranty of whatever kind, express or implied, is given by STADIO, its affiliates or related companies, or any of their respective directors, partners, employees, advisors or any other person as to the accuracy, correctness, reliability, integrity or completeness of the Website Content and no reliance should be placed thereon. As far as permitted by law, all warranties and representations are expressly disclaimed.
6.2. None of STADIO, its affiliates or related companies, or any of their respective directors, partners, employees or advisors or any other person assumes any liability (excluding for gross negligence but including for negligence or otherwise) for (i) the accuracy, reliability, integrity or completeness of any Website Content; (ii) for any direct, indirect, incidental, consequential, special loss and/or damage of any kind, howsoever caused arising from reliance on statements or information contained in the Website Content or any omission from the Website Content. By accessing the Website and/or Website Content, you irrevocably accept such limitations and exclusions of liability and that you use the Website and Website Content at your own risk.
6.3. The Website is provided “as-is” and STADIO, its affiliates or related companies, third party service providers or any of their respective directors, partners, employees or advisors or any other person disclaims any and all warranties, express or implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose. STADIO, its affiliates or related companies, or any of their respective directors, partners, employees or advisors or any other person does not warrant that access to the Website will be uninterrupted or error-free or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Website and you accept all risks in this regard. STADIO will not be liable for any unavailability, interruption, downtime and/or malfunction of the Website or Website Content for any reason whatsoever.
6.4. You agree, to the extent permitted by law, to indemnify STADIO, its affiliates or related companies, third party service providers and any of their respective directors, partners, employees or advisors or any other person against (i) any loss or damage suffered by you or any third party acting on your behalf in connection with your use of the Website and Website Content; (ii) your violation of any of these Terms; (iii) your violation of any of the intellectual property rights.
6.5. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, STADIO shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website, or third-party site accessed through this Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be uninterrupted.
6.6. STADIO, or any other party (whether or not involved in creating, producing, maintaining or delivering the Website or the portal), and any of the STADIO Group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict (including without limitation negligence), contract or otherwise, in connection with the site in any way or in connection with the use, inability to use or the results of use of the Website, any sites linked to the Website or the material on such sites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any sites linked to the Website.
6.7. You agree to keep STADIO and its associates fully indemnified against any actual or contingent liabilities incurred in relation to any actions or claims brought by any person against STADIO as a result of an actual or alleged breach by you of any law, or such other actions or claims brought in relation to the provision of services by STADIO to you.
7. APPLICABLE AND GOVERNING LAW
7.1. This Website is hosted, controlled and operated from the Republic of South Africa, and South African Law governs the use or inability to use this Website and the use of these Terms. South African courts have jurisdiction in the event of a dispute of any nature whatsoever arising between parties.
7.2. All the provisions of this agreement shall be severable, and no provision shall be affected by the invalidity of any other provision of this agreement.
7.3. This agreement shall apply together with any other agreement that you enter into with STADIO. In the event of a conflict, the agreement entered into last will apply.
8. ONLINE PAYMENTS TERMS AND CONDITIONS
8.1. STADIO (Pty) Ltd and STADIO Namibia Higher Education Institution (Pty) Ltd (herein collectively referred to as STADIO) is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
8.2. Where payment is made by debit or credit card, we may require additional information in order to authorise and/or verify the validity of payment. You warrant that you are fully authorised to use the debit or credit card supplied for purposes of paying for goods or services on this website.
8.3. Credit card acquiring and security:
8.3.1. Credit card transactions will be acquired for STADIO via Ecentric. Ecentric uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.ecentric.co.za to view their security certificate and security policy.
8.4. Ecentric is an accredited payment service provider:
8.4.1. Ecentric is a PCI DSS Level 1 Service Provider
8.4.2. Ecentric was the first Payment Service Provider in South Africa to achieve Payment Card Industry Data Security Standard (PCI DSS) Level 1 Certification in 2009.
8.5. Ecentric is a PCI SSC Participating Organisation:
8.5.1. Completing successful annual audits, Ecentric has continued to maintain the required standard and has been invited to partner with the PCI Security Standards Council to enhance card payment security standards.
8.6. Ecentric is a PASA System Operator:
8.6.1. Ecentric is an authorised System Operator with the Payment Association of South Africa (PASA) in terms of SARB Directive 2 of 2007. PASA is the payment system management body recognised by the South African Reserve Bank (SARB), to organise, manage and regulate the participation of members in the national payment system.
8.7. Ecentric is a PASA Third Party Payment Provider:
8.7.1. Ecentric Payment Systems is an authorised Third Party Payment Provider with the Payment Association of South Africa (PASA) in terms of SARB Directive 1 of 2007.
8.8. Customer details separate from card details:
8.8.1. Customer details will be stored by STADIO separately from card details which are entered by the client on Ecentric secure site. STADIO will never store any customer card details. For more detail on Ecentric please visit www.ecentric.co.za.
9. CONTACT US
9.1. If you have any questions regarding these Terms please contact us at [email protected]