Terms of Service

User agreement

YOU WILL FIND THE USER AGREEMENT, GENERAL TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY AND PAYMENTS, DELIVERY AND CANCELLATION POLICY IN THIS DOCUMENT.

PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE.

General terms and conditions of use

Definitions

In this user agreement, the terms below have the following meanings:

“Site” means collectively our website/s and the client portal.

“we”, “us”, “our” and “Centrality” means Centrality Consulting Pty Ltd, , all its affiliates and subsidiaries and any developers that NOSA may employ from time to time.

“website” means the internet websites with the address www.centralityconsult.com or any website with a URL that is validly registered to Centrality.

“you” and “your” means the user of the Site and / or your legal guardian.

“personal information” means information relating to you or any other living person or existing legal entity, including but not limited to –

information relating to the race, gender, marital status, national, ethnic or social origin, colour, age, disability, language;

information relating to the education or the medical, financial, criminal or employment history of the person;

any identifying number, symbol, e-mail address, physical address, telephone number or other particular assignment to the person;

correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,

provided that such information is not in the public domain in the same or in a different format or held by a public body and publicly accessible.

Conditions of Access

Your access to, and use of, the Site is subject always to the community guidelines and terms and conditions set out in this user agreement.

To avoid any confusion, you agree these terms and conditions applies to your use of:

the website;

the client portal;

any third party website or mobile application licensed to us;

Regardless of the platform, gateway, portal or mode of access you use to install, download or access the Site. Your cell phone provider may, depending on the type of contract you have, charge you for accessing the Site or for any usage of the Site (such as
data charges, sms charges). Centrality cannot be held responsible for these charges.

Your Acceptance and Consent

By using the Site, you expressly agree to the terms and conditions of this user agreement. If you do not agree to all of the terms and conditions, please do not continue
to use the Site.

You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.

Changes to this User Agreement

You agree that this user agreement applies to any information accessed via the Site, and to all sections of the Site.

Your account

If you use the Site, you must keep your access details (including, your user name and password) confidential and not allow other people to use it. You also accept full responsibility for all activities that occur under your access details or password and accept responsibility for sharing your user name and password. You are only permitted to use one account as an individual student and there will only one account available to one authorized member for a company. If you use more than one account we could delete all access.

Centrality may refuse access to the site if we are unable to verify any information that you provide to us.

You agree that the following actions shall be material breaches of these terms and conditions:

signing in as, or pretending to be, another person;

transmitting material that violates, or could violate, the intellectual property rights of others or the privacy of others

using interactive services in a way that is intended to harm, or could result in harm to you or to other users of the Site; or

gathering information about others without obtaining their prior written consent.

You also agree that any use of your access details shall be regarded as if you were the person using such information.

Centrality may determine certain requirements that you will need to meet when choosing a user name or password. These requirements may be changed from time to time and you may be required to update your credentials.

Full disclosure of all relevant facts and information

Centrality might need certain personal and financial information from you. It is in your best interest to keep this information current and accurate.

You guarantee that all information provided by you at any time to Centrality on or via the Site, will be true, accurate, current and correct and you undertake to update the information as and when required.

You guarantee that you have fully disclosed all facts and information, and agree that this user agreement or any transactions related to this user agreement will be void if you do not meet this requirement.

Electronic communication and records

When you visit the Site or send e-mails to us, you accept that we can communicate with you electronically. All records that you send to us may be stored electronically and with third parties, although these third parties are bound by the strictest levels of confidentiality. These electronic records shall be proof of the records, unless you can prove otherwise.

Any electronic communication (for example, an e-mail or SMS) sent to you will be regarded to have been received by you upon being sent by Centrality. This includes, but is not limited to mobile push notifications.

If you are a registered user of the Site, you will receive communications from us via e-mail. If you do not want to receive e-mails from Centrality, you may change the way you receive your communication on the site.

Centrality takes all reasonable steps to protect your personal information and maintain confidentiality, including the use of encryption technology. However, we cannot guarantee the security or integrity of any information you transmit to us online and you agree that you do this at your own risk.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically meet any legal requirement that the communications be in writing.

Copyright

All content made available on the Site (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software) belongs to Centrality, unless we expressly state that it is not and is protected by South African law. In
addition, the compilation of all content on the Site is the exclusive property of Centrality and is protected by South African copyright laws.

Except if permitted under this or another agreement with Centrality no portion of the Site may be copied or transmitted via any means available now or in the future.

Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.

You agree that if you breach the terms of this clause 8, Centrality will have the right to claim damages against you, which will include the right to claim special, incidental, consequential or indirect damages. Centrality will also be allowed to claim for loss of profits and loss of business and will also be allowed to recover all legal costs on a scale as between attorney and own client.

Nothing on the Site should be regarded as granting any licence or right to use any
trademark without Centrality prior written permission and/or that of any third party.

Disclaimer

The Site and all information, content, tools and materials are provided by Centrality on an “as is” and “and available” basis, unless we inform you in writing.

Centrality does not guarantee the operation of the Site or the information, content, tools or materials on the Site. You agree that you use the Site at your own risk.

Centrality does not guarantee that (i) the Site; (ii) the information, content, tools or materials included on the Site; (iii) the Centrality servers; or (iv) that any electronic communications sent by us are free from viruses or other harmful components. Centrality will not be liable for any damages of any kind arising from your use of the Site or from any information, content, tools or materials included on or otherwise made available to you through the Site, including for direct, incidental, punitive and/or consequential damages.

We are fully committed to providing you with the best possible service. However, we are not responsible for:

any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond the reasonable control of Centrality; or

any inaccurate, incomplete or inadequate information obtained from the Site supplied by you.

Neither will we be responsible for any direct or indirect loss or damages that may arise from:

any of the events described in this paragraph or the paragraphs above 9.5.2. your actions or omissions that result in a breach of this user agreement;

any links to other websites from the Site. You also acknowledge that we cannot control the content of or the products offered on those websites;

a denial of access to the site should we believe or have reason to believe that you are conducting activities that are illegal, abusive, would attack the integrity of the website or put Centrality in disrepute; or

your reliance on any of the information, content, tools or materials that you obtain from the Site.

Updates and/ changes to the Pass will be pushed through to your Pass, provided that the ‘automatic updates’ option on your device is switched on. Where the ‘automatic updates’ option on your device is switched off, you will need to manually update the Pass.

Any unauthorised use, alteration or dissemination of the information or content on the Site is prohibited.

Indemnity

You agree to indemnify, defend, and hold harmless Centrality, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
The Centrality site and all content are provided on a “voetstoots” basis. The contents of the site, such as text, graphics, images, information obtained from Centrality licensors, and other material contained on the Centrality site (“Content”) are for informational purposes only and do not constitute advice. The user is encouraged to consult with a professional advisor before acting on any information or content appearing on or transmitted through Centrality web site. Nothing on the site shall be construed as an offer by Centrality to the user, but merely an invitation to do business.

Phishing and spoofing

If you receive an unsolicited e-mail that appears to be from Centrality and that requests you to provide personal information (such as your credit card number, user name, or password), or that asks you to verify or confirm your Centrality information by clicking on a link, it is most likely that the e-mail was sent by a “phisher” or “spoofer.”

Centrality will never ask for this type of information in an e-mail, and we strongly recommend that you do not respond to these e-mails and that you do not click on the link. Responding to “phishing” places you and your personal information at risk. Centrality cannot be responsible for any consequences resulting from your response to any email sent by a “phisher” or a “spoofer”.

Linking to third party websites

The Website may contain certain images and links to other third party websites with information, content or material produced by other parties. These linked third party websites are not under the control of Centrality and Centrality is not responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.

Centrality is providing these links to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by Centrality of the linked website, their business or security practices, or any association with its operators.

From time to time Centrality may employ the services of third parties to assist with the hosting and management of certain services and aspects of the Site. We apply every effort to ensure that our sub-contractors comply with our Privacy Policy and widely accepted security standards and they will be accountable for any non-compliance.

Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.

Applicable law

By accessing and using the Site, you agree that the laws of the Republic of South Africa will govern this user agreement, and you consent to the jurisdiction of the South African courts in respect of any dispute which may arise from this user agreement.

General Provisions

The headings of the clauses in this user agreement is provided for convenience and ease of reference only, and will not be used to interpret, modify or amplify this user
agreement.

If any provision of this user agreement is held to be illegal, invalid or unenforceable, that illegality, invalidity or unenforceability shall not affect the other provisions of this user agreement.

No failure or delay by Centrality to exercise any of its rights will be regarded as a waiver of its rights, nor will it affect the validity of any part of this user agreement.

Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Centrality without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.