Association for Christian Ministries (A4CM) Website Usage Terms & Conditions
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE A4CM WEB SITES OR ANY PART THEREOF (THE A4CM WEB SITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE A4CM WEB SITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
DEFINITIONS AND INTERPRETATION
a) “A4CM Membership and Learner Management (LMS) website” means the A4CM and Inter Trauma Nexus NPC; located at www.a4cm.co.za and includes any part or element thereof, including the following domains: a4cm.co.za; itn.org.za; blueagle.co.za.
b) “User” means any person who enters, uses or registers on the A4CM Membership and LMS web site, notwithstanding the fact that such a person only visited the home page of the A4CM Membership and LMS web site;
c) References herein to the singular includes the plural and vice versa; and
d) Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, the fact that some or all of the hyperlinks may be non-operational, shall not play a role in determination of the validity and interpretation of these terms and conditions.
A4CM is a venture of Inter Trauma Nexus NPC, who is registered South African company. Inter Trauma Nexus NPC are the Copy Right Holder of all our membership training and workshop material, webinars, videos, books, tools and other material and or electronic information in all formats.
2. ALLOWED USE AND LICENSE
2.1 A4CM licenses the User on behalf of Inter Trauma Nexus’s venture to view the content of the A4CM web site, purchase membership, workshops, webinars, online training courses and/or other material provided that such content is used for personal, purposes only.
2.2 Content from the A4CM web site shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of A4CM and Inter Trauma Nexus.
2.3 Users may only access and use the A4CM web site for online membership benefit, workshop, webinar, online training registration and purchases.
2.4 The caching of the A4CM g web site shall only be allowed if:
2.4.1 The purpose of the caching is to make the onward transmission of the content from the A4CM web site more efficient;
2.4.2 The cached content is not modified in any manner whatsoever;
2.4.3 The cached content is updated at least every 12 (twelve) hours; and
2.4.4 The cached content is removed or updated when so required by A4CM.
2.5 If any User uses content from the A4CM web site in breach of the provisions detailed herein:
2.5.1 A4CM reserves the right to claim damages from the User;
2.5.2 A4CM reserves the right to institute criminal proceedings against the User; and
2.5.3 A4CM shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.
2.6 Hyperlinks to the A4CM web site from any other source shall be directed at the home page of the A4CM web site. A4CM shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the A4CM web site, if such content was accessed through a hyperlink not directed at the home page of the A4CM web site. Persons that wish to link to content beyond the home page of the A4CM web site shall do so at their own risk and indemnify A4CM against any loss, liability or damage that may result from the use of content from the A4CM web site, if such content was accessed through a hyperlink not directed at the home page of the A4CM web site.
A4CM’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.
2.7 Users may quote small and reasonable amounts of content available from the A4CM web site only if such quote is placed in inverted commas and acknowledged.
2.8 No person may frame the A4CM web site, in any manner whatsoever, without the prior written consent of A4CM.
2.9 Apart from bona-fide search engine operators and use of the search facility provided on the A4CM web site by Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the A4CM web site for any purposes, without the prior written consent of A4CM.
2.10 All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by A4CM at any time without giving reasons therefore.
3. INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE
3.1 All intellectual property on the A4CM web site, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are the property of or licensed to Aquilla Advisors cc and/or our joint venture partners and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the A4CM web site are expressly reserved.
3.2 “A4CM”, ‘’A4CM LMS’’, “Inter Trauma Nexus”, are registered entities and Users agree not to use these as elements of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so a User shall immediately cease to use such domain name and transfer it to A4CM at the cost of the User.
4. SOFTWARE AND EQUIPMENT
It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines and access accounts to access the Internet and the A4CM web site and/or purchase or download content from this web site.
5. DISCLOSURES REQUIRED BY SECTION 43 OF THE ECT ACT
Access to the services, content, software and content downloads available from the A4CM web site is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and A4CM has the duty to disclose the following information:
5.1 The full name and legal status of the web site owner: Inter Trauma Nexus NPC;
5.2 Street address: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa
5.3 Postal address: P.O. Box 165, Garsfontein, Gauteng, 0042, South Africa;
5.4 Physical address for receipt of legal service: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa
5.5 Main business: The main business of A4CM is the provision of online membership- and face-to-face training, webinars, books, tools, soothing oils and professional services and information;
5.6 The web site address of the A4CM web site is: www.a4cm.co.za;
5.8 The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA MANUAL) of the owner of the A4CM web site may be downloaded from Inter Trauma Nexus’ website as listed at the end of this document:
5.9 A4CM Management:
5.9.1 Dr LB Louw – CEO Inter Trauma Nexus, Project Manager and Facilitator
5.9.2 Rev JHW Louw – Chairman Inter trauma Nexus, Project Administrator and Facilitator
5.9.3 Management Reference Team
5.10 The costs associated with the access and use of the A4CM web site are as follows: free access and registration, with each membership, workshop, webinar, online training priced as per website displayed.
5.11 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
5.11.1 access to the A4CM web site;
5.11.2 the inability to access the A4CM web site;
5.11.3 the services and content available from the A4CM web site; or
5.11.4 these terms and conditions,
shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following web site: http://www.arbitration.co.za;
5.12 Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this web site;
6. CHANGES AND AMENDMENTS
A4CM expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
6.1 change these terms and conditions;
6.2 change the content and/or services available from the A4CM web site;
6.3 discontinue any aspect of the A4CM web site or service(s) available from the A4CM web site; and/or
6.4 change the software and hardware required to access and use the A4CM web site.
7.1 A4CM shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
7.2 A4CM may electronically collect, store and use the following personal information of Users:
7.2.1 name and surname;
7.2.2 contact numbers and other personal information required by professional bodies and or employers;
7.2.3 non-personal browsing habits and click patterns;
7.2.4 e-mail address; and
7.2.5 IP address.
7.3 A4CM collects, stores and uses the abovementioned information for the following purposes:
7.3.1 Communicate requested information to the User;
7.3.2 Provide the User with access to restricted pages on this web site; and
7.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to the A4CM web site.
7.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
7.5 A4CM may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
7.5.1 A4CM shall not disclose personal information from Users unless the User consents thereto;
7.5.2 A4CM shall disclose information without the User’s consent only through due legal process; and
7.5.3 A4CM may compile, use and share any information that does not relate to any specific individual.
7.6 A4CM owns and retains all rights to non-personal statistical information collected and compiled by A4CM.
8. HYPERLINKS TO THIRD PARTY SITES
8.1 A4CM may provide hyperlinks to web sites not controlled by A4CM (target sites) within the LMS and such links do not imply any endorsement, agreement on or support for the content of such target sites but merely for learning or illustration purposes.
8.2 A4CM does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
9.1 A4CM shall take all reasonable steps to secure the content of the A4CM web site and the information provided by and collected from Users from unauthorised access and/or disclosure. However, A4CM does not make any warranties or representations that content shall be 100% safe and secure.
9.2 A4CM is under no legal duty to encrypt any content or communications from and to the A4CM web site and is also under no legal duty to provide digital authentication of any page on the A4CM web site.
9.3 Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the A4CM web site or the server and computer network that support the A4CM web site.
9.4 Notwithstanding criminal prosecution, any person who delivers any damaging code to the A4CM web site, whether on purpose or negligently, shall, without any limitation, indemnify and hold A4CM harmless against any and all liability, damages and losses A4CM and its partners / affiliates may suffer as a result of such damaging code.
9.5 Users may not develop, distribute or use any device to breach or overcome the security measures of the Product and A4CM reserves the right to claim damages any and all persons concerned with a security failure or breach.
9.6 Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by A4CM and its partners / affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, A4CM (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
10.1.1 access to the A4CM web site;
10.1.2 access to web sites linked to the A4CM web site;
10.1.3 inability to access the A4CM web site;
10.1.4 inability to access web sites linked to the A4CM web site;
10.1.5 content available on the A4CM web site;
10.1.6 services available from the A4CM web site;
10.1.7 downloads, purchases and use of content from the A4CM web site;
10.1.8 any other reason not directly related to A4CM’s gross negligence.
10.2 The A4CM web site is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with A4CM, that the content available from and through the A4CM web site meet the User's individual requirements and is compatible with the User's computer hardware and/or software.
10.3 Information, ideas and opinions expressed on the A4CM web site should not be regarded as professional advice or the official opinion of A4CM and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the A4CM web site.
10.4 A4CM does not make any warranties or representation that content and services available from the A4CM web site will in all cases be true, correct or free from any errors. A4CM shall take all reasonable steps to ensure the quality and accuracy of content available from the A4CM web site.
10.5 A4CM does not make any warranties or representations that the A4CM web site shall be available at all times. Users acknowledge that the A4CM web site may be unavailable due to updates or other causes beyond the reasonable control of A4CM, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.
11. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the A4CM web site to A4CM and A4CM undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
12. INTERCEPTION OF COMMUNICATIONS
12.1 Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to A4CM’s right to intercept, block, filter, read, delete, disclose and use all communications send or posted by the User to the A4CM web site, its staff and employees.
12.2 The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
13. ENTIRE AGREEMENT AND SEVERABILITY
13.1 Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between A4CM and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by A4CM from the User.
13.2 Any failure by A4CM to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
13.3 In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT
The User and A4CM agree that:
14.1 the User shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the A4CM web site for the first time or immediately after the User indicated consent as required in Content Use Agreement;
14.2 data messages (as defined in the ECT Act) addressed by the User to A4CM shall only be deemed to have been received if and when responded to;
14.3 data messages (as defined in the ECT Act) addressed to the User by A4CM shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;
14.4 data messages (as defined in the ECT Act) addressed by the User to A4CM shall be deemed to have been created and send by the User from within the geographical boundaries of South Africa;
14.5 electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and A4CM; and
14.6 the User agrees and warrants that data messages that are sent to A4CM from a computer, IP address or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.
15. APPLICABLE AND GOVERNING LAW
The A4CM web site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the A4CM web site, its content, services and these terms and conditions.
16. LEGAL COSTS
A4CM shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.
© 2020. ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
These are terms and conditions that belongs to A4CM
Last Updated: 28 June 2020