TERMS AND CONDITIONS
Fintech Campus Pty Ltd (“Fintech Campus”) and its affiliates (being entities that control, are controlled by or are under common control with Fintech Campus) own and operate the www.fintechcampus.co.za website (“Site”). By using or browsing the Site, you acknowledge that you have read, understood and agree to be bound to these Terms and Conditions and all applicable laws and regulations. If you do not agree to be bound by these Terms and Conditions, then you must not use this Site.
We may change these Terms and Conditions at any time and without any notice to you so we suggest that you periodically visit this page to review these Terms and Conditions. By using this Site after we post any changes, you agree to accept those changes, whether or not you actually reviewed them.
3. ACCESS TO THE SITE AND CONSENT TO USE OF PERSONAL INFORMATION
It is your responsibility to acquire, maintain and licence all computer hardware, software, telecommunications facilities and internet access in order to access this Site. It is your responsibility to ensure that all such hardware, software and facilities so procured by you are compatible with this Site.
You will be able to access the majority of this website without having to register any details with us.
To the extent that you do register any of your personal details on this Site, you consent to Fintech Campus, its affiliates and agents using your details to contact you for purposes of (i) marketing to you, (ii) contacting you in connection with the products and services offered by Fintech Campus; and (iii) internal analysis and statistical reporting.
4. SITE CONTENTS
This Site is the website of the Fintech Campus and the content of this Site is determined solely by the Fintech Campus.
All materials, including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of this Site (collectively, the “Contents”) are owned exclusively by the Fintech Campus, its affiliates and/or its content providers. The Contents are protected by copyrights, trademarks, service marks, trade dress and other intellectual or ownership rights owned by the Fintech Campus. Any rights not expressly granted in the Terms and Conditions are reserved for the Fintech Campus.
All other trademarks and service marks appearing on any of the Site that are not owned by the Fintech Campus are the property of their respective owners.
5. USE OF SITE AND RESTRICTIONS
This Site and its Contents may be used solely for your own personal, educational and/or non-commercial use. Any other use of the Site or the Contents is strictly prohibited, including, without limitation, modification, removal, deletion, transmission, publication, distribution, proxy caching, uploading, posting, redistribution, re-licensing, selling, duplicating, republication or any other dissemination without the express written permission of the Fintech Campus or the owner.
You may not use any framing techniques to enclose any trademarks or logos of the Fintech Campus nor use any meta tags or other hidden text without our prior written consent. You may not link to the Site without our prior written consent. Use of spiders, robots and similar data gathering and extraction tools is expressly prohibited.
You may view and print a copy of the Contents displayed on the Site and download a copy of any Contents that is designated for downloading, for your personal use only but you may not alter the Contents in any way, including, without limitation, removing or modifying any copyright or other ownership notices. The rights, title and interest in the Contents are not transferred to you by copying or downloading the material.
6. NO CREATION OF SERVICES RELATIONSHIP
The information provided on this Site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and the Fintech Campus.
7. ONLINE CONDUCT
You agree to use the Site only for lawful purposes. You are prohibited from posting or transmitting to or through the Site any material:
- unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful material, or any other material that could give rise to civil or criminal liability under the law;
- which you are not permitted to so post or send or for which you have not obtained all necessary consents, permits and/or licences;
- that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or is otherwise in contravention of the laws of the Republic of South Africa; and
- which is harmful in nature including, and without limitation, damaging code, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We may disclose any content or electronic communication of any kind (including your profile, e-mail address and other information) (1) to satisfy any law, regulation, or government request; (2) if the disclosure is necessary or appropriate to operate the Site; or (3) to protect the rights or property of the Fintech Campus, its affiliates, and you.
Fintech Campus shall not be liable for any material which you post or send to or from this Site and reserves the right to remove or modify any such material.
8. ACCURACY OF INFORMATION
The Fintech Campus uses reasonable efforts to furnish accurate and up-to-date information, but we do not guarantee that any information contained in this Site is accurate, complete, reliable, current or error-free or that the Site will be free from viruses. We also are not responsible for any errors or omissions in this Site. Although we may modify the Contents, make improvements to the Site or correct any error or omission at any time and without notice to you, we are not obligated to do so. We will endeavour to update information in a timely manner but we will not be liable for any inaccuracies. Any use you make of the information provided on this Site is entirely at your own risk and the Fintech Campus will not be liable for any loss of data, lost profits or any other damages or losses resulting from your use of this Site.
Although Fintech Campus takes all reasonable steps to ensure that this website is available 24 hours every day, this website may be unavailable as a result of maintenance, upgrades and/or other technical issues. Fintech Campus will not be –
(a) Obliged to notify you of any downtime or unavailability of this Site; and
(b) Liable for any claims, losses, damages or expenses incurred by you if this Site is unavailable at any time.
Fintech Campus reserves the right, in its sole discretion, to terminate this website or change the domain name or address of this website without notice to you.
10. LINKS TO THIRD PARTY SITES
Links on this Site may lead to services or sites not controlled or operated by the Fintech Campus. We provide these links for your convenience and information. Links are not an endorsement of the Site or service. We assume no responsibility or liability for other sites or services. Any use you make of any site or service linked to by this Site is entirely at your own risk.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
If you would like to insert a link (including, without limitation, hyperlink, frame or metatag) to this Site, you must first obtain the prior written consent of Fintech Campus to do so, which consent Fintech Campus is entitled to withhold or refuse in its sole discretion. Any approval granted by Fintech Campus will be subject (in addition to any other conditions which Fintech Campus may impose) to the following conditions –
- you may only insert a link to a page on this Site but you may not replicate the whole or any part of this Site; and
- by inserting a link, you must not in any way imply that Fintech Campus is endorsing your website, any of its contents and/or any services or products which you may offer.
- you do not misrepresent your relationship with Fintech Campus or present any false information about Fintech Campus;
- you do not link from a website that is not owned by you;
- your website must not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the laws of the Republic of South Africa; and
- you fully indemnify Fintech Campus for any loss or damage suffered as a result of inserting or providing such a link.
11. DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY
THIS SITE AND ITS CONTENTS ARE PROVIDED BY THE FINTECH CAMPUS “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED. THE FINTECH CAMPUS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT WILL THE FINTECH CAMPUS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, COMPENSATORY, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND WHATSOEVER, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR DATA, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, ANY SITE OR SERVICES LINKED THROUGH THIS SITE, OR ANY COPYING, DISPLAY OR USE THEREOF, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, EVEN IF THE FINTECH CAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE REGARDLESS OF THE REASON. THE FINTECH CAMPUS WILL NOT BE LIABLE FOR LOSSES OR DAMAGES ARISING OUT OF OR ANY WAY RELATED TO ANY THIRD-PARTY WEB SITES OR THEIR CONTENT ACCESSED THROUGH LINKS IN THIS SITE, YOUR USE OF THIS SITE OR YOUR USE OF ANY EQUIPMENT OF SOFTWARE IN CONNECTION WITH THIS SITE.
SUBJECT TO THE PROVISIONS OF SECTIONS 43(5) AND (6) OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 (“ECT ACT”) (IF APPLICABLE), NEITHER FINTECH CAMPUS, NOR ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS OR EMPLOYEES OR ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN PRODUCING, MAINTAINING OR DELIVERING THIS WEBSITE), SHALL BE LIABLE OR RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR EXPENSE OF WHATSOEVER NATURE THAT YOU OR ANY THIRD PARTY MAY SUFFER AS A RESULT OF ACCESSING AND/OR USING THIS SITE. THIS EXCLUSION SHALL INCLUDE, WITHOUT LIMITATION, SERVICING OR REPAIR COSTS AND ANY OTHER DIRECT, INDIRECT OR CONSEQUENTIAL LOSS.
Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply but liability shall be limited to the fullest extent permitted by law.
You agree to indemnify and hold harmless the Fintech Campus from any third party claim, action, demand, loss or damages (including attorneys’ fees and costs) arising out of or relating to your violation of these Terms and Conditions, your use of the Site or your violation of any rights of a third party.
13. REMEDIES FOR VIOLATIONS
The Fintech Campus reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular IP address.
14. FEEDBACK AND OTHER SUGGESTIONS
15. APPLICABLE LAWS AND EXCLUSIVE JURISDICTION
This Site and the Contents are displayed solely for the purpose of promoting the Fintech Campus’s services available in South Africa. This Site is controlled and operated by the Fintech Campus from its offices in Pretoria, South Africa. You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site, and you agree that you will not access or use the information on this Site in violation of such laws. These Terms and Conditions and your use of this Site will be governed by the laws of South Africa, without regard to any conflict of law provision. You agree to submit to personal jurisdiction in Pretoria, South Africa and that any cause of action arising under these Terms and Conditions will be tried and litigated exclusively in the courts located in Pretoria, South Africa. Our failure to enforce any rights under these Terms and Conditions will not constitute a waiver of any terms or conditions of these Terms and Conditions.
16. DISPUTE RESOLUTION
Any claim or controversy related to these Terms and Conditions or relating to this Site (with the exception of any urgent, mandatory or injunctive relief sought), will be settled by arbitration in accordance with the then-current rules of the Arbitration Foundation of South Africa. The location of arbitration will be Pretoria, South Africa. The decision of the arbitrator will be binding on the parties. To the fullest extent permitted by applicable law, no arbitration will be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
We have the right, but not the obligation, to monitor any activity and content associated with this Site. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from this Site).
If there is a determination that any provision of these Terms and Conditions is invalid or unenforceable, that determination will not affect the rest of these Terms and Conditions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or under these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
No failure or delay to exercise any of Fintech Campus’s rights will be construed as a waiver of any such right, whether express or implied, nor will it affect the validity of any part of these terms and conditions or prejudice Fintech Campus’s rights to take subsequent action against you.
Fintech Campus shall be entitled to cede, assign and transfer any of its rights and obligations under these terms and conditions without obtaining your consent and without notice to you. Any of Fintech Campus’s rights under these terms and conditions are expressed for the benefit of the affiliates of Fintech Campus and shall be capable of acceptance by them, whether expressly or tacitly.
In the event of any question relating to this Site, please email us firstname.lastname@example.org or call us on 087 808 0100.
20. CONTACT DETAILS and DISCLOSURES REQUIRED UNDER SECTION 43 OF THE ECT ACT (To the extent that section 43 of the ECT Act is or may in future become applicable)
Fintech Campus makes the following disclosures –
- Name, status and registration number: Fin|Tech Campus Pty Ltd, a private company incorporated under the laws of the Republic of South Africa, with registration number 2017/238425/07.
- Physical address and domicilium: 81 Botterklapper & Ilanga streets, The Willows, Pretoria East 0081.
- Telephone number: 087 808 0100
- Website address: www.fintechcampus.co.za
- Email address: email@example.com
- Directors: Donald Gilroy
- Section 44 of the ECT Act: to the extent that section 44 of the ECT Act is applicable, you are entitled to exercise the cooling off rights set out in section 44 (read with section 42) of the ECT Act.
1. INFORMATION ABOUT OUR ORGANIZATION AND WEBSITES
3. TYPES OF INFORMATION WE COLLECT AND USE
In this policy, “personal information” or “personal data” means information about an identifiable individual or entity that is subject to protection. Personal information is information that is of a personal or private nature and which identifies you or relates to you. This information may include, without limitation, details of your name, age, identity number, home and/or postal and/or work addresses, telephone numbers and other contact details, details relating to your liabilities, income, expenses, payment records, financial information and banking details such as account numbers.
The Websites collect information through a variety of different ways and for different purposes as set out herein. If you choose to contact us via a Website you will be requested to provide contact information (name, email address and telephone number ). We use this information pursuant to our legitimate business interests to provide our services and/or to contact you about the services on our site in which you have expressed interest.
We may also use your contact information to send you information about other group products and services, such as meeting rooms, offices, co-working and memberships subject to us having obtained your consent in accordance with applicable law. If you do not want to receive these promotional announcements on an on-going basis you can notify us to update your preferences.
Through the Websites, you can request information and locate marketing and support materials. In order to purchase a product or service from us, we will request certain information from you which will be used for contract performance purposes. You will need to provide contact information (such as name, email and telephone number) and financial information (such as credit card number, billing address, and expiration date). Financial information collected from you is used only to bill you for the products and services that you have purchased.
If we collect credit card information from you, we only use this information for payment processing and fraud prevention. Credit card information and other similar sensitive personal data are not used for any other purpose by the group without your express consent. We do not retain your credit card information after processing a payment unless you grant us permission to retain your credit card information for future purchases.
The Websites automatically collect technical information about your visit (such as browser type, Internet service provider, platform type, internet protocol (IP) addresses, referring/exit pages, operating system, date/time stamp). We aggregate this information for reporting about the Websites to analyse trends, diagnose problems with our server and administer the Websites, to track user movement and use, and to gather broad demographic information. See ‘Cookies Policy’ for more information.
We may be required by law to share information with third parties. For example, we may be required to disclose information as a result of a court order, subpoena or warrant. In addition, we may, subject to applicable law, voluntarily provide information in order to assist in a law enforcement investigation or where the disclosure is necessary to protect our rights, systems, our business or the rights of others.
Once you register, we will send you a welcoming email to verify your username and password.
We will also respond to your inquiries, provide services you request and manage your account. We will communicate with you by email or telephone and will make every effort to honour your preference.
Subject to the marketing preferences which you give us, we will also send you information on new products, services, special savings, promotions and general information. If you do not want to receive this information, you can opt-out of receiving future mailings (see Opt-Out section below).
If you ask to subscribe to our newsletters, we will use your name and email address to send the newsletter to you. You can sign up for these newsletters from us on our registration page. You may unsubscribe at any time.
When necessary, we will send you service-related announcements, which are not promotional in nature. If you do not wish to receive them, you may notify us.
Please note that we do not provide your email address to our business partners. However, we may send you offers on behalf of our business partners. You can opt out from receiving email offers from us as described below.
5. SHARING OF INFORMATION AND CROSS-BORDER TRANSFERS
We contract with third-party service providers and suppliers to deliver complete products, services and customer solutions described above. These service providers may change or we may contract with additional service providers to better accommodate our customers. Our affiliates may provide services to you or to your local affiliate and may receive personal data about you. If we transfer your personal data to affiliates or third parties, we require the recipients of your personal data to safeguard your personal data using administrative, technical and security procedures; however, your personal data will also be subject to the laws of the jurisdiction governing our affiliate or the third party.
Your personal data may be transferred across country borders to our affiliate companies in order to provide our services to you. Residents of the European Economic Area (“EEA”) and Canada should understand that your personal data may be transferred outside of the EEA and Canada to other countries for the purposes of data consolidation, storage, simplified customer information management, reporting and other internal uses.
6. COOKIES AND OTHER DIGITAL MARKERS
7. CHILDREN’S PRIVACY
The group is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The group does not knowingly collect information from children under the age of 13 and we do not target the Websites to children under 13.
8. YOUR CHOICES AND OPTING-OUT
We give you the choice of receiving a variety of information that complements our products and services. You can subscribe to receive certain product-and service-specific information and group-wide marketing communications. Such communications may include new product information, special offers, or an invitation to participate in market research.
If you no longer wish to receive our newsletters and/or promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communications including by contacting us at firstname.lastname@example.org.
9. ACCESS TO AND ACCURACY OF YOUR INFORMATION AND YOUR OTHER RIGHTS
In certain jurisdictions, notably South Africa, the European Union and the United Kingdom, you have a right: to ask us for a copy of your personal information; to ask us to correct, delete or restrict (stop any active) processing of your personal data and to obtain the personal data you provide to us for a contract or with your consent and to ask us to share (port) this data to another data controller; to object to the processing of your personal information by us in some circumstances (in particular, where we don’t have to process the data to meet a contractual or other legal requirement, or where we are using the data for direct marketing). These rights may be limited, for example if fulfilling your request would reveal personal data about another person or breach the privacy rights of others, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. To exercise any of these rights, please contact email@example.com. If you have unresolved concerns, you have the right to make a complaint to the data protection supervisory authority where you live, work or where you believe a breach may have occurred.
10. KEEPING YOUR INFORMATION SECURE
We do not guarantee or warrant the security of our servers nor can we guarantee that information you supply through the Website will not be intercepted while being transmitted over the Internet. We follow generally accepted industry technical standards to protect the personal data submitted to us, both during transmission and once we receive it. When you enter sensitive information (such as credit card information) on our registration or order forms, we encrypt that information using secured socket layer technology.
11. DISCLOSURE OF YOUR INFORMATION IN CERTAIN CIRCUMSTANCES
Fintech Campus may share any information which it collects from you through this website or other electronic means with third parties in the following instances –
· If the equity in Fintech Campus is sold to a third party or if Fintech Campus sells or outsources all or a portion of its business or assets to a third party;
· To any affiliate of Fintech Campus, such as subsidiaries, holding companies and their subsidiaries;
· To third parties engaged by Fintech Campus to render services to it or on its behalf;
· Where it is compelled to do so by law, regulation or by-laws or in terms of a court order or at the direction of any regulatory or governmental authority;
· Where Fintech Campus needs to protect or enforce its rights or is required to do so to protect the rights, property or safety of the public; and
· For fraud detection and prevention purposes.
12. BUSINESS TRANSITIONS
In the event that we go through a business transition, such as a merger, acquisition by another company or sale of all or a portion of its assets, your personal information will likely be among the assets transferred.
13. GENERAL PROVISIONS
This policy will be governed by and construed in accordance with the law of the republic of South Africa.
This policy, as amended from time to time by Fintech Campus in its sole discretion, constitutes the entire agreement between you and Fintech Campus in relation to the subject matter hereof.
No failure or delay to exercise any of Fintech Campus’s rights will be construed as a waiver of any such right, whether express or implied, nor will it affect the validity of any part of this policy or prejudice Fintech Campus’s rights to take subsequent action against you.
If any of the provisions of this policy are held to be invalid, unlawful or unenforceable, such provision will be deleted from the remaining provisions, which will continue to be valid to the full extent permitted by the law.
The provisions of this policy must be read in conjunction with the terms and conditions pertaining to this website and shall be deemed to be incorporated in those terms and conditions.
Fintech Campus shall be entitled to cede, assign and transfer any of its rights and obligations under this policy without obtaining your consent and without notice to you. Any of Fintech Campus’s rights under this policy are expressed for the benefit of the affiliates of Fintech Campus and shall be capable of acceptance by them, whether expressly or tacitly.
14. TERMS AND CONDITIONS
1. WHAT ARE COOKIES?
Cookies are tiny text files that are stored on your computer, tablet or mobile phone. They are NOT harmful to your computer or your security and despite misconceptions, are nothing to do with viruses like ‘Trojans’. When you visit a website, Cookies allow the website to ‘remember’ you and how you’ve used the website each time you come back, which means you get a much better online experience.
If you want to know more about cookies there is lots of information readily available online.
2. WHAT IF I WANT TO CONTROL MY COOKIE PERMISSIONS?
The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for us and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.
Google only receives the User-ID, not the information contained in the above-mentioned profile or other personal data of yours. A summarised version of the profile created is accessible to us. We do not attach any other of your personally identifiable data to the profile connected to a User-ID.
You can opt out of tracking via User ID by sending an e-mail to firstname.lastname@example.org.
Further information about cookies is available at http://www.aboutcookies.org.
4. USER AGREEMENT
By continuing to use our site, you agree to the placement of cookies on your device. If you choose not to receive our cookies, we cannot guarantee that your experience will be as fulfilling as it would otherwise be.