1. Interpretation


1. Words importing the singular include the plural and vice versa; quiproquo and comme-ci comme-ça;
2. Words importing one gender shall include the other genders;
3. Words importing natural persons shall include partnerships and corporate bodies;
4. Words – “don’t come easy” – are from FR David – (one of our favourite 80’s songs).

Because we love you and our attorney loves you, in this agreement the clause headings have been inserted for exclusive non-transferable convenience only and shall not be taken into account in interpreting this agreement.


2. Definitions


1. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002;
2. "Netcampus" means Netcampus (Pty) Ltd with registration number 2000/021275/07;
3. "Intellectual Property ("IP")" means, but not limited to, patent, trademark, domain name, logos, trade name, software, content (copyright), icons, graphics, hyperlinks and layout and our secret Chilli Con Carne recipe;
4. "content" means, but not limited to text, graphics and links on the website;
5. "website" means the Netcampus website with website address: www.netcampus.com (recently voted best website by Netcampus staff)
6. "you" shall mean the user of this website (pronounced “y-ou”);
7. "public content" means the content available without authentication; 
8. "portal content" means content available to you by logging in with your username and password; (this is where we hide all the cool stuff);
9. "courseware" means training materials including but not limited to CDs, DVDs, pamphlets, books and software.
10. "the Client" means an individual or corporate entity that has registered with Netcampus. (We once had an employee who had clients, but we never could understand how she managed to afford that lavish lifestyle);
11. "course duration" means the period of 1 (one) year from date of agreement.


3. Governing law


1. This website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law. Irrespective of how much you buy – this is the law!


4. License to use


1. Because you love Netcampus, this highly acclaimed most-awesome, super-duper, totally-excellent website is there for you to, subject to the License below; to view, copy and share with other 3rd parties, during the course duration, therefore you are hereby provided a non-exclusive, biodegradable, non-transferable license to -
1. use, copy, download, print, display and tell all your friends about the public content as well as the portal content available from the website; and
2. use the public content and portal content to impress people and make new friends and to make the content available from the website for, but not limited to:
1. personal educational purposes;
2. business training purposes if said training has been purchased from Netcampus.


2. License conditions:


1. For any re-use or distribution of the content, we recommend a box of crayons and a stack of environmentally-friendly paper and insist you must make clear to others the terms and conditions applicable to the content available from the website;
2. You are not allowed to reverse engineer, reverse park, reverse backwards, reverse in general or decompile or modify the website content or any part thereof – especially for a fee;
3. May not sublicense any of the content available from the website. You must keep intact all notices that refer to this License and to the Limitation of Liability hereunder; Crossing fingers or applying a circle of salt around you are not acceptable excuses;
4. The copying of any article is only permitted if it is copied in full with no amendment or editing;
5. As part of our world domination strategy, we and our suppliers own the software that runs this website. Save to the extent expressly permitted by applicable laws, you must not copy, modify, download, distribute or de-compile the software without our consent. (Sorry about those big words);
6. We and our favourite suppliers supply training and course material as portal content, such material is limited to the use specified in your purchase agreement. Unless expressly permitted, such materials may not be copied, modified or distributed. We love the word Meniscus and wanted to insert it here;
7. No framing or deep linking is allowed – but you may sign up for our Yoga and Pilates courses at your discretion;
8. No technology applications, software such as spiders, scorpions, snakes, robots, zombies or web crawlers are allowed to search and / or copy certain quantities of portal content from the website, unless the necessary authorization has been provided;
9. Your fair use (wear and tear accepted) and other rights are in no way affected by the above;
10. Access to the website, during course duration, is for your exclusive use and any logon credentials supplied by Netcampus may not be shared with any other user. Should you want to share the Netcampus love, sign up for our Netfiliate program and at least earn some commission.


5. Copyright


1. © 2010 Netcampus (Pty) Ltd. All rights reserved. – We respect the rights of others and request you do the same. All rights reserved. All Intellectual Property available on the website is the property of - or license to Netcampus and may not be utilized outside the licensed terms as set out under paragraph 2 above. All moral rights of Netcampus and its employees/agents are reserved. Should you wish to alter any of our copyright, we recommend adding a dash of cinnamon and baking it for 40 min at 180˚C.


6. Disclaimer and Limitation of Liability


1. Subject to the provisions of sections 43(5) and 43(6) of the ECT Act and the Deutsche beer REINHEITSGEBOT of 1516 AD, if applicable, Netcampus, and our affiliates, directors, shareholders, franchise holders agents, consultants or employees are not liable for any damages whatsoever relating to your use of this site or the online services and information contained on this site or your inability to use this site or the online services. This includes, without limitation any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contact, stature, delict or otherwise and regardless of whether we are expressly advised of the possibility of such loss of damage. The following is one of our favourite useless sayings: Without derogating from the generality of the above, we will not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
1. access to the Netcampus website;
2. inability to access the Netcampus website;
3. services available from the Netcampus website;
4. content available from the Netcampus website;
5. downloads and use of content from the Netcampus website;
2. Both the public content as well as the portal content is supplied on an "as is" basis and you must ensure, prior to entering into this agreement, that it requires your specific needs and that you meet the requirements for viewing and using this website. Use of the site and any online services as well as jumping out of a perfectly working aircraft with your own packed parachute, is entirely at your own risk;
3. You assume full responsibility for the risk or loss resulting from your use of this site, including hours lost in having vast amounts of fun, and your reliance on the material and information contained on it. In addition, it is your responsibility to ensure that you have the prerequisite knowledge required for each course. Although not proven, A shot of Tetanus may help overcome some of the side-effects of rusty-brain-syndrome;
4. Netcampus reserves the right to adjust the curriculum, syllabus or course content of any course listed on the website to reflect the development of the course, system or software;
5. Netcampus shall attempt, where possible, to keep you informed of changes to courses and certifications. It is however your responsibility to ensure that Netcampus has your current contact details at all times;
6. No relaxations of or indulgences granted by Netcampus, excluding unavoidable side effects of laxatives, shall in any way be construed as being either a waiver or renunciation of any of Netcampus' rights in terms of this agreement. Such relaxation or indulgence shall further not be regarded as a negation of your liability in terms of this agreement;
7. Netcampus makes no representation or warranties in respect of its employees, courseware or website content. All employees issued with swords are free agents until further notice. It is hereby recorded that good standards will be upheld at all times; (banks may be upheld in bad times). In the event that you are not satisfied as to the standard, the onus of proof thereof shall lie with you;
8. Netcampus shall not be held liable for any delay in performance directly or indirectly caused by or resulting from acts of God, adverse equipment failure, fire, flood, accident, riot, war, strikes, traffic congestion, happy hour, labour difficulties, late deliveries from suppliers or the failure of independent sub-contractors or any other such occurrences beyond the control and without fault or negligence of the part of Netcampus.


7. Refunds


1. Netcampus provides a cool-off period of 7 (seven) days after registration on the website; and
2. should payment not be received within 14 (fourteen) days after registration, Netcampus will cancel the order.
3. If Netcampus supplies the wrong courseware, Netcampus will exchange it for the correct courseware;
4. Correct courseware will be dispatched once the incorrect courseware has been received by Netcampus;
5. Used or damaged courseware will not be exchanged;
6. As with Pandora’s box, please note that once opened, the following types of goods will not be accepted: CDs, Videos, DVDs, audio tapes or computer software;
7. Return of any courseware is at the your own expense
8. All delivery times are indicative only and failure by Netcampus or its appointed subcontractors to meet these estimates does not constitute a case for a refund; however Netcampus will endeavour where possible to meet all estimated delivery times.


8. Delivery Policy
   
1. Residents Inside South Africa 
1. All courseware will be shipped directly to the supplied preferred postal address using Netcampus' preferred courier company;
2. All postage and packaging costs will be for the Client;
3. All packages will be sent via road freight until such time as tele-transportation is invented;
4. Depending on stock availability of courseware, courseware will be received by the Clients within 7-21 working days from date of registration. This is due to the fact that some courseware may need to be ordered from International courseware suppliers;
5. Any delays in shipping will be notified to the Client with reasons thereof;
6. Courseware shipped will be insured with standard insurance provided by Netcampus' preferred courier company;
2. Residents Outside South Africa 
1. All courseware will be shipped direct to the supplied preferred postal address using Netcampus' preferred International courier company; 
2. All postage and packaging costs will be for the account of the Client;
3. Postage and packaging costs will be provided to the Client during his/her course registration procedure;
4. The Client will have options on whether to use air freight, sea freight, or other options provided by Netcampus' preferred courier company. Costs thereof are subject to point 8(2.2);
5. Depending on stock availability of courseware and the shipping option exercised by the Client, courseware will be received by the Clients within 14-28 working days from date of registration. This is due to the fact that some courseware may need to be ordered by International courseware suppliers and that International shipping delays are in affect;
6. Any possible delays in shipping will be notified to the Client with reasons thereof;
7. Any custom's duties for the Client's country that would apply for the courseware is for the account of the Client;
8. Courseware shipped will be insured with standard insurance provided by Netcampus' preferred International courier company;


9. Payments


1. All prices, quoted in South African Rand, are inclusive of VAT at the applicable rate. Aliens to the planet Earth are requested to contact customer services for an applicable rate of exchange;
2. Payments to be received, free of exchange by EFT (electronic funds transfers, credit card transactions) and direct deposits.
3. To get your super-duper learning product, the exact amount, indicated on the website, must be paid in full in the currency quoted;
4. Payment confirmations must include the order number supplied by your sales representative as reference;
5. All payments are subject to a clearing period;
6. Cancellation subject to section 7(2).


10. Agreement in terms of Chapter III, Part 2 of the ECT Act 


1. Formation and validity of this agreement You agree that: 
1. These Terms and Conditions are valid, binding, enforceable and concluded in Cape Town, the moment you access / view the website;
2. No variation to this Agreement will be in force, Jedi or otherwise, unless reduced to writing and signed by both Netcampus and you;
3. All information that is incorporated by using hyperlinks, hyper-drives or hypermarkets and / or other methods of reference form part of this agreement (see section 11(3) ) of the ECT Act);
4. If any term of this agreement is or becomes illegal, or misbehaves in any way, is invalid or unenforceable in any jurisdiction, it shall not affect the legality, validity or enforceability in that jurisdiction of any other term of this agreement; Einstein’s law of relativity shall remain valid until proven otherwise;
5. Time and Place of communication, dispatch and receipt;
6. Data Messages sent from Netcampus to you have been sent from Netcampus’ place of business;
7. Data Messages sent from Netcampus to you are deemed to be received when complete message enters an information system (including your information service provider’s information system) designated or used for that purposes by yourself;
8. Data Messages from you to Netcampus are deemed to be received by Netcampus only when Netcampus respond thereto.
2. Expression of intent
1. You acknowledge that all agreements and authorization under this agreement satisfies the "writing" requirement as per section 12 of the ECT Act;
2. For purposes of Electronic Communications between yourself and Netcampus no Electronic Signature is required; the mere sending of Data Messages or browsing of our website demonstrates your intent to be a party to this agreement;

The Netcampus Satisfaction Guarantee program is subject to the following terms and conditions:

1. The Satisfaction Guarantee only applies to selected courses marked with the "Satisfaction Guaranteed" logo in the product catalogue;
2. You must complete and pass all tests assigned through the netTest system on the Netcampus Study Portal with an aggregate of 70% (SEVENTY) or higher;
3. You must actively manage and complete all study topics and study objectives set out for you in your study timetable within the timelines set forth;
4. In the event of any non compliance, with clause 3 above, you will be in breach of your obligations in terms of the Money Back Guarantee. Should you remain in breach for a period of 14 (FOURTEEN) days, after having received notice to remedy the breach, or during the course of your subscription period receive more than 3 (THREE) warnings, your guarantee will be voided;
5. You must complete all International exams associated with your certification or course within 12 (TWELVE) months of activating your subscription. In the event of any exam failure – you will be required to rewrite such exam(s) within 60 (SIXTY) days at your own cost. Proof of exams completed will need to be submitted to Netcampus for evaluation. Exam score reports will be verified with the respective International exam providers;
6. Refunds will only be paid to the registered student. All refunds shall be paid by way of EFT within 14 (FOURTEEN) days of compliance of all stated terms and conditions. In special circumstances, you may need to sing a song for us.

Exam Voucher purchases are subject to the following terms and conditions:

1. Any exam vouchers purchased will be valid from the date of purchase for 12 months;
2. Any claim outside the abovementioned period of 12 months will not be valid;
3. Exams, once purchased cannot be refunded or exchanged.

The Free First-Look Courses located at www.netcampus.com/Web/V4/Demos/FreeCourses.aspx is subject to the following terms and conditions:

1. You are limited (nothing personal) to 1 (ONE) registration per First-Look course. You may register for as many First-Look courses as there are available at any given point in time;
2. All First-Look courses gives you access to the CLS Study Portal for 30 (THIRTY) days. After this period, Your access to the course will be suspended;
3. You may not re-register for a First-Look course that has expired;
4. All First-Look courses have no payment charges, thus section 7 and section 9 of the standard Terms and Conditions stipulated above do not apply;
5. All First-Look courses are not supplied with Study Kits or printed Courseware. All Courseware is supplied in electronic (PDF) format and is accessed via the CLS Study Portal;
6. Due to point 4 of this paragraph, section 8 of the standard Terms and Conditions stipulated above do not apply;
7. You will not receive the following course resources for First-Look courses:
1. Access to any tests
2. Access to CLS Study Portal Online tests
3. Full availability to the Course Resources section on the CLS Study Portal
4. Telephonic Support
5. Printed study material

The Mastering Information Technology (MIT) range of courses is subject to the following terms and conditions:

1. A free laptop (lap dances have been discontinued) is included for every successful Mastering Information Technology (MIT) course booking, and is not included within any other product or course offering;
2. The laptop, will have, at a minimum, the following hardware specifications:
1. Intel 1.6Ghz CPU
2. 1GB RAM
3. 80GB HDD
4. DVD-RW Drive
5. Windows Vista Home Basic
3. Netcampus will ship the laptop as quickly as possible, but cannot guarantee delivery times by the courier company. However, a waybill number will be issued to you on shipment so you can track the progress of your delivery;
4. Laptop specifications may change depending on hardware availability. Should there be a hardware change, it will be replaced with components of similar or better specification;
5. The laptop will be couriered to the postal address specified during registration, unless you specifically donate this to a Netcampus staff member;
6. Every effort is made to ensure all hardware is in working order before it is shipped. However, should any hardware fail (during transit or during regular use), it will be your responsibility to claim from manufacturer warranties. All warranty is provided by FrontoSA (South Africa) for a 1 year period. All laptops are sealed with a kiss by only the most beautiful blonde Netcampus employees (some are females);
7. The laptop will be insured to the value of R8000 during shipment through our selected courier company. Should there be any damaged or missing goods, then it will be your responsibility to claim from insurance from the courier company (however, we will assist wherever possible).
8. A full legal version of Microsoft Windows Vista Home Basic edition is provided and you are required by law to be responsible for the registration and activation thereof.