INTRODUCTION

• • • The eLearn Connection website can be accessed at elearnconnect.com (the “Website”) and provides a learner management system for courses hosted on behalf of clients.
    • The Website is partly owned and operated by New Online Media Communications (Pty) Ltd trading as eLearn Connection (“eLearn Connection”, “we”, “us” and “our”), a company registered in Republic of South Africa, with registration number 2003/027930/07, with its principal place of business at 5 Biccard Street, Durbanville, Cape Town, South Africa, 7550
    • The website terms and conditions (“Terms and Conditions”) govern the use of the Website.
    • These terms and conditions are binding and enforceable against every person that accesses or uses this website (hereinafter referred to as “you” or “your” or “user”). By using the website, you acknowledge that you have read and agree to these terms and conditions as well as the Privacy Policy which shall be binding and deemed duly incorporated as part of this website’s terms and conditions. Please do not use the website if you do not agree to be bound by these terms and conditions.
    • Any questions that you may have regarding these terms and conditions and/or our website, should be directed to study@eLearnConnect.com

1. 1. WEBSITE PURPOSE AND USE
      • This website contains free and paid for courses loaded on our learner management system on behalf of clients.
      • eLearn Connection grants you permission to use the website, provided that: (i) your use of the website is solely for your personal and educational use; (ii) you shall not copy or distribute any part of the website, in any medium, without our prior written consent; (iii) you do not alter or modify any part of the website and (iv) you comply with all applicable laws and the Terms and Conditions while using the website.
      • You agree not to use or launch any automated system, including robots, spiders, or similar technological devices or programs in order to access the website.
      • You agree not to collect or use any personally identifiable information (“Personal Information”) from the website, including account names and email addresses, nor use the communication systems provided by the website for any commercial solicitation purposes.
      • You may not, except with eLearn Connection’s prior written authorization, use the website to:
        • engage in commercial activities, except where specifically permitted;
        • harm any person;
        • solicit personal information;
        • provide false information;
        • delete, add or otherwise change other people’s entries or other content (as defined below) when you have not been granted the privileges to do so;
        • allow usage by others in such a way as to violate the terms and conditions; or
        • use another user’s account without that user’s permission.
      • You agree not to circumvent, disable or otherwise interfere with the security related features of the website or features that prevent or restrict the use or copying of any content.
        
        
   2. REGISTRATION
      • Only registered users shall gain access to the courses section of the website.
      • When registering, you will be required to choose a username and a secure password. Please keep your password private and do not share with other parties.
      • You will be required to enter your username and password each time you wish to continue with your course. In order to amend any registration particulars, you can do so by going to your profile under the “my account” page and updating your profile.
      • You agree and warrant that your username and password shall:
        • be used for the permitted use only; and
        • not be disclosed by you to any third party.
      • You are solely responsible and liable for the activity that occurs on your account, and you must keep your account password secure. You agree to immediately notify eLearn Connection, in writing, upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm. You indemnify eLearn Connection against any loss or damage arising from your failure to comply with this clause
      • If eLearn Connection suspects that your information is not complete, current, or accurate, or that you have otherwise violated these terms and conditions, your account may be subject to suspension or termination at eLearn Connection’s election, and you may be barred from using the website.
        
        
   3. PROTECTION OF PERSONAL INFORMATION
      • Your privacy is important to us and we will therefore make reasonable efforts to ensure that any personal information that you upload on our website will be stored on a secure server.
      • Our secure server encrypts your personal information in order to minimise the risk of unauthorised disclosure or interception.
      • We will not use your personal information for any commercial purpose nor shall we disclose, sell or rent your personal information to third parties without your consent unless we are legally compelled to do so.
      • Please read our Privacy Policy, which forms part of these terms and conditions, for further information regarding eLearn Connection’s treatment of user’s personal information.
        
        
   4. THIRD PARTY WEBSITE
      • The website may contain links to third party websites that are not owned or controlled by eLearn Connection. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or content. You release eLearn Connection from all liability arising from your use of any third-party website.
        
        
   5. INTELLECTUAL PROPERTY RIGHTS
      • The content on the website, including brand names and information, training material, text, graphics, and photos, videos and interactive features (“Content”) and the trademarks, service marks, logos and other intellectual property, whether registered or unregistered, contained therein, are owned by or licensed to eLearn Connection. The content may not, in whole or in part, be used for any purpose without the prior written permission of eLearn Connection.
      • The content is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of eLearn Connection or as provided for herein.
        
        
   6. TERMINATION OF USE
      • eLearn Connection shall have the right to immediately disable your eLearn Connection account and terminate your access to the website at any time in its discretion, without notice to you and with no liability to you or any third party.
        
        
   7. INDEMNITY AND LIMITATION OF LIABILITY
      • You agree to defend, indemnify and hold harmless eLearn Connection, its affiliates and their respective owners, directors, officers, employees and third-party partners from and against all claims, damages, losses, liabilities, costs and expenses (including attorney’s fees) arising from:
        • your use of and access to the website and/or any linked third-party website; and
        • your violation of the terms and conditions.
        • to the extent permitted by applicable law, eLearn Connection shall not be liable to you for any losses, damages, claims, liabilities, costs and expenses, howsoever arising.
          
          
   8. WARRANTY DISCLAIMER
      • eLearn Connection disclaims all warranties, express and implied, in connection with the website and your use thereof. eLearn Connection makes no warranties or representations about the accuracy or completeness of the website’s content or the content of any sites linked to the website. In no event shall eLearn connection or any of its affiliates and their respective directors, employees or third-party partners, be liable to you for any losses, damages, claims, liabilities, costs and expenses, howsoever arising resulting from:
        • any errors, mistakes, or inaccuracies of the content;
        • your access to and use of the website;
        • any unauthorised access to or use of the website and/or personal information stored therein;
        • any interruption of transmission to or from the website; or
        • any bugs, viruses, trojan horses, malware or the like, which may be transmitted to or through the website
          • You agree that the use of this website is entirely at your own risk
          • The website is controlled and offered by eLearn Connection from its facilities in Cape Town, South Africa. eLearn Connection makes no representations that the website is appropriate or available for use in other jurisdictions. Those who access or use the website from other jurisdictions do so at their own risk and are responsible for compliance with applicable local laws
          • eLearn Connection does not warrant that the use of the website will be uninterrupted or error free, or that the website or website servers are free from viruses or other harmful components.
            
            
   9. MODIFICATIONS TO THE WEBSITE
      • eLearn Connection reserves the right from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice to you. eLearn Connection shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.
        
        
   10. GOVERNING LAW AND DISPUTES
       • The terms and conditions and/or any dispute arising from these terms and conditions shall be governed by the laws of the Republic of South Africa and the courts at Cape Town, South Africa shall have exclusive jurisdiction.
         
         
   11. GENERAL
       • Severability: If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the terms and conditions, which shall remain in full force and effect
       • Waiver: eLearn Connection’s failure to exercise any right under these terms and conditions shall not be deemed to be a waiver of such right nor operate to bar the exercise or enforcement of it at any time thereafter.
       • Amendments: eLearn Connection reserves the right to amend the terms and conditions at any time without prior notice to you, which shall take effect upon posting to the website. It is your responsibility to review the terms and conditions for any changes. Your use of the website following any amendment of the terms and conditions shall signify your acceptance of the revised terms.
         
         

Updated: 11 July 2019