RED AND YELLOW GENERAL TERMS AND CONDITIONS
PURCHASES AND REGISTRATION FOR ONLINE COURSES
- “Terms and Conditions”
1.1. This page (together with the documents referred to on it) constitutes the terms and conditions on which Red & Yellow offers courses, workshops, programmes and products (“courses”) available on this website (“our site”).
1.2. Please read these Terms and Conditions carefully before applying or booking for a course/programme on our site. By applying to enrol/register in any of our courses/programmes, you agree to be bound by these Terms and Conditions.
1.3. You will be required to “tick the box” marked “I agree to the Terms and Conditions” before completing your enrolment into a course/programme. If you refuse to accept them, you will not be permitted to enrol for any of our courses/programmes. Where you have accepted the Terms and Conditions on behalf of a company who applies to enrol individuals for any of the courses, it is your responsibility to ensure that any and all such individuals are made aware of and accept the Terms and Conditions applicable to their participation in Red & Yellow‘s courses and you hereby fully indemnify and hold harmless Red & Yellow, its directors, members, employees and/or agents against any claims brought by any individual participants enrolled into Red & Yellow’s courses via you and/or via the company/entity which you herein represent.
1.4. For purposes of these Terms and Conditions, “the courses/programmes” shall mean those short courses, workshops, programmes and products as described on our website and more specifically the relevant course, workshop, programme or product that you enrol for or purchase.
- Information about Red & Yellow
You are contracting with www.redandyellow.co.za which is owned and operated by Red and Yellow Creative School of Business (Pty) Ltd, registration number: 1981/004876/07 (hereinafter referred to as “Red & Yellow” and/or “we” and/or “us” and/or “our”), unless you are a South African corporate entity, in which case you will be contracting with – and “Red and Yellow” means – Red and Yellow Digital (Pty) Ltd, registration number: 2012/206121/07.
- Your status
By enrolling for a course through our site, you warrant that:
3.1 You have legal capacity to enter into binding contracts; and
3.2 You are at least 18 (eighteen) years old,
Students/participants who do not have the legal capacity to enter into binding contracts and/or who are under the age of 18 (eighteen) must be assisted by a parent or guardian, who will be required to apply and contract in his/her own name on behalf of the student/participant.
- Links on our site
We may also provide links on our website to websites of other companies, whether affiliated with us or not. We cannot and do not give any undertakings that any information on websites to which we have provided a link on our site will be accurate, current or true, and any such warranties related to such third party websites or links are disclaimed by Red & Yellow.
The courses/programmes available for enrolment and purchase are as they are described on our site from time to time, except in cases of obvious error.
- Enrolment and Registration
6.1 Red & Yellow may in its sole discretion determine different levels of difficulty of courses. This determination will be included in the course description itself. Due regard shall be given to the relevant unit standard that the course is aligned with if applicable. Red & Yellow makes no representations and gives no guarantees whatsoever about participant’s suitability for a particular course based on the levels of difficulty and/or complexity of and/or any prerequisites for participation in the courses. Should you have questions about the level of difficulty of a course, you must address Red & Yellow in writing, prior to enrolment for such a course in order to satisfy yourself that the course is suitable for your and/or the participants’ ability and Red & Yellow shall accept no responsibility in this regard. Red & Yellow may in its sole discretion elect to use its reasonable endeavours to attempt to cater for any special learning needs and/or disabilities that you may have but you hereby accept and agree that Red & Yellow shall be under no obligation whatsoever to make any such provisions and/or exceptions for you and you hereby agree to hold Red & Yellow and its members, directors, employees and agents completely harmless for any claims relating hereto.
6.2 In order to enrol and register for a course, you must complete the online registration form and complete all information required by Red & Yellow.
6.3 Red & Yellow will stipulate the date on which registration of course/s closes and Red & Yellow will not be obliged to accept applications for registration which are submitted after the closing date of the relevant course.
6.4 As part of the registration process, Red & Yellow will invoice you and you are required to make payment in accordance with paragraph 7 below.
- Price and payment
7.1. The price for the course/s will be as quoted on our site from time to time, except in cases of obvious error. In the event of a sale or special offer on any courses, the discounted price may be displayed.
7.2. The prices as quoted on our site exclude Value Added Tax (“VAT”) which is charged – where relevant – at the prevailing rate.
7.3. Red & Yellow will issue an invoice to you for the course which will stipulate the payment terms.
7.4. In the event that you are required to pay a deposit amount, payment unless otherwise stated by Red & Yellow, will, in the case of individuals, be due within 7 (seven) days of invoice and, in the case of corporations, entities, businesses (“companies”), be due within 14 (fourteen) days of invoice.
7.5. In order to participate in a course and to have access to the platform through which the course is provided to participants and/or any of the course material in respect of the course, you will be required to have paid the full amount due before registration for the relevant course/s closes. Should you opt to pay for the course by way of an approved payment plan and do not keep up and/or fail into arrears with agreed instalments, we shall be entitled to suspend your access to the course and the platform immediately and without notice. Your access to the course and the platform will only be reinstated once all outstanding amounts have been paid in full.
7.6. Red & Yellow hereby reserves its right to suspend the participation of any person or company who has not made full payment for the course by the due date for payment as stipulated.
7.7. In order to be valid, any variations or waivers agreed to and/or any indulgences granted by Red & Yellow in respect of any of the above terms, must be approved in writing by a director of Red & Yellow and/or an authorised representative of Red & Yellow.
7.8. Red & Yellow will make all reasonable efforts to accurately indicate prices of courses and/or any other applicable charges. Should a course/s be erroneously offered at an incorrect price, Red & Yellow will not be obliged to offer the course at that incorrect price and will refund any payments made by you at that incorrect price should you not wish to proceed with the course at the correct price.
- Payment Methods
8.1. Payment may be made via VISA, Mastercard, PayPal or electronic funds transfer (EFT). The decision to accept any other method/s of payment shall be entirely within Red & Yellow’s sole discretion.
8.2. With credit card payments, if the bank’s authorisation is not obtained your application for registration will be cancelled.
8.3. Credit card transactions will be acquired for Red & Yellow via our payment gateway partner Paygate.
8.4. The Merchant outlet country of the time of presenting payment options to the card holder is South Africa and the transaction currency is the South African Rand (ZAR).
8.5. If you select to pay via EFT the payment must be identified by supplying your reference and invoice number in the reference section of the electronic transfer confirmation. Simply using the reference Red and Yellow will not enable us to allocate a payment to your account.
- Agreement of Sale
An agreement between you and Red & Yellow only comes into effect if and when you electronically submit a properly completed enrolment/registration application in accordance with the procedures set out on our site and payment is either authorized, or received by Red & Yellow in its bank account and you have received confirmation from Red & Yellow via email.
- Cancellation and Deferrals
10.1. Cancellation by Red & Yellow:
10.1.1 Red & Yellow may, in its sole discretion elect to discontinue or postpone any of the courses by giving notice to you. In the event of such a cancellation or postponement, Red & Yellow shall refund the amount made by you in full within 30 (thirty) days of such cancellation and you agree that you shall hold Red & Yellow and its members, directors, employees or agents completely harmless in respect of any claims which arise out of such cancellation or postponement by Red & Yellow.
10.1.2 Red & Yellow may terminate your participation from any course where you are found guilty of plagiarism (as per paragraph 13.4 below) and/or of contravening any of the other Terms and Conditions and/or any applicable legislation. In the event of a cancellation of your participation in terms of this paragraph 10.1.2, Red & Yellow shall not be liable to you for any refund of any amounts paid by you or any compensation of any kind in respect hereof.
10.2. Cancellations by you
If you wish to cancel participation in an online course after paying (in part or in full), the following applies provided you notify Red & Yellow in writing:
10.2.1 No later than 7 (seven) days prior to course commencement date: you are entitled to a full refund of all amounts paid, (Excluding Application Acceptance fees).
10.2.2 Within the 7 day period prior to course commencement date: you will be liable for a cancellation fee equal to 5% of the total fee for the relevant course. (Red & Yellow shall refund all amounts paid by you to Red & Yellow in respect of the course, less the cancellation fee); or
10.2.3 Cancellations on or after the date of commencement of the course are not eligible for any refund.
10.3. Deferrals by you:
In the event that you wish to defer your participation in any course for which you have registered and paid, you are required to apply for a deferral in writing by no later than 7 (seven) days prior to the date of commencement of the course. Red & Yellow shall only accept applications for deferrals received after the commencement of a course in certain situations and will not award any credits for assignments completed at the time of requesting the deferral. The following situations, inter alia, may qualify an individual for a deferral:
- Financial concerns i.e. retrenchments, unexpected expenses
- Family responsibility i.e. loss of a loved one, need to take care of an ill family member, marriage
- Personal health i.e. physical and/or mental health concerns (this would include pregnancy and/or miscariage),
- Any Other reason deemed reasonable considering the circumstances of the case as determined by the manager of course coordination.
Red and Yellow will charge a deferral fee as follows, which must be paid in order to defer participation:
10% of the course price on registration for online qualifications and programmes
15% for online short courses
10.4. In the event that you fail to notify Red & Yellow in accordance with 10.2 above and fail to participate in the course from the commencement thereof, you shall not be entitled to any refund and/or deferrals and shall have no claim against Red & Yellow in respect hereof.
10.5. In the event of your deferral application being accepted, you shall not be entitled to any refund for any amount already paid and shall be entitled to one deferral only. .
10.6. Red & Yellow does not guarantee that the courses will be on offer in the future and if you choose to delay your participation in any course, you do so entirely at your own risk.
10.7. In the event that you do not wish to register for the same course that you initially registered for, or if the course for which you were originally registered is fully subscribed for and/or if it is no longer available, you shall be entitled to switch to a course of equal or lesser value, with the difference between the two courses allocated as credit. In the event of the deferred course being of a higher value, you shall be obliged (before being permitted to commence) to pay the difference to Red & Yellow in accordance with the payment terms.
- Description of online course process and delivery
11.1. Online courses offered by Red & Yellow are operated through an online Learning Management System powered by Moodle.
11.2. Once you have been registered, Red & Yellow will provide you with an individual online “Login” (username and password) through which the course material will be distributed to you.
11.3. You are required at your own cost to download all resources and assignments which may include, amongst other things, course notes, video lectures, discussion forums, weekly assignments and/or recommended reading.
11.4. The course is delivered to you via the Red & Yellow Learning Management System
(http://lms.redandyellow.co.za/ or go.redandyellow.co.za) which is an online platform designed to facilitate interaction between students and the course convenors (“the Learning Management System”). You will be required to interact with your peers and course coordinator via the Learning Management System.
- No liability for Lack of Access
12.1. Red & Yellow shall use reasonable endeavours to ensure continuous availability of the Learning Management System. However, Red & Yellow gives no undertakings or guarantees that its site and/or the platform through which the courses are provided will be available and error free at all times and Red & Yellow shall not be held responsible for any loss, disruption of or interruption in your participation in the course and any damage or loss resulting therefrom caused either by any technical error with its site and/or any other website and/or by your computer and/or as a result of internet connectivity disruptions experienced by you.
12.2 Red & Yellow shall use all reasonable endeavours to ensure that its course convenors are available to address your questions between 09h00 and 17h00 on Mondays to Thursdays, and 09h00 and 16h00 on a Friday (South African time, GMT +2) but cannot be held responsible for any failure to be available where such failure is outside of the reasonable control of Red & Yellow.
12.3 Red & Yellow is not responsible for technical support relating to any external websites and where you are required to use external websites in connection with the course, you are required to contact the support services of those external websites directly.
12.4 Where videos or other media are used as part of the course, you may be required to have Adobe Flash Player installed to view the video/s. Note that if you are making use of a slower internet connection, your attempt to view the video may present challenges.
- Course Rules and Participant’s obligations
13.1 All participants in the courses are required to comply with all the course rules as stipulated by Red & Yellow from time to time, and any other obligations which may be set out in the “Course Induction Pack” furnished to you upon completed registration for the course.
13.2. In the event of a contradiction between these Terms and Conditions and the information in the Course Induction Pack referred to in 13.1 above, the terms of this document (Red and Yellow Terms and Conditions) shall prevail and be applicable.
13.3 In the event of a participant failing to comply with any of the course rules or doing anything in contravention of the Terms and Conditions, Red & Yellow shall, in its sole discretion be entitled to suspend and/or terminate an individual’s participation in the course and shall have no obligation to refund individuals any of the amounts paid. In the event of a participant electing to re-register for the course, the full amount for the course shall be levied.
13.4. Amongst other obligations on participants in Red & Yellow’s course, all participants are specifically warned against plagiarism. For purposes of these Terms and Conditions, “plagiarism” shall mean the description of plagiarism as given on the website of the University of Cape Town at http://www.uct.ac.za/downloads/uct.ac.za/about/policies/plagiarism_students.pdf, namely: “the act of presenting work belonging to another person as your own. This includes but may not be limited to: lifting another person’s ideas or words without acknowledgement, whether or not that person knows of or has given permission to use the work without acknowledgement; submitting as one’s own, work which one has copied, whether in whole or in part, from anybody else, and irrespective of whether that copied work is published or unpublished, from the web or from another student (past or present) or a family member; acknowledging a source but not indicating that one has quoted verbatim (i.e. word for word); indicating, via quotation marks, that some words have been taken directly from another author, but without acknowledging the source by providing the necessary citation details; and/or preserving the general structure of a sentence, paragraph or other unit of work authored by somebody else, making minor grammatical, structural or word changes (i.e. editing someone else’s work)”.
13.5. In the event of a participant being uncertain as to whether any of their work constitutes plagiarism, they are required (prior to submission to Red & Yellow of such work) to discuss it with their course coordinator.
13.6. If you are found guilty of plagiarism (as determined by Red & Yellow in its sole discretion, to be exercised reasonably), Red & Yellow reserves the right to give you 1 (one) warning and if repeated by you at any time in the future, Red & Yellow reserves the right to suspend and/or expel you from the course with immediate effect. Red & Yellow shall not be liable to you for any refund of any amount paid by you or any compensation of any kind in respect hereof.
13.7. In the event that your company registered you for the course, Red & Yellow shall be entitled to advise your employer of your plagiarism and subsequent suspension and/or expulsion.
- Communication with Red & Yellow, Submission of Course Work and Applications for Extensions
14.1 Whilst Red & Yellow gives no undertakings or guarantees in regards to its response time, Red & Yellow shall use its best endeavours to respond to any participant’s emails within 24 (twenty four) working hours (excluding weekends or public holidays).
14.2 Red & Yellow will communicate with you/any participant in the course (including but not limited to, due dates for assignments, marks, updates etc) via email to the email address submitted by you upon registration. You are required to ensure that you check your emails (including your spam folder) on a regular basis and Red & Yellow shall not be liable for any problems resulting in your failure to receive email/s from it.
14.3 Red & Yellow will advise participants of the due date for assignments and/or any course work submissions due and Red & Yellow will automatically deduct 10% (ten percent) for every 24 (twenty four) hours that a submission is late.
14.4 In the event that a participant wishes to apply for an extension for the submission of any assignment, you are required to give Red & Yellow 24 (twenty four) hours written notice prior to the due date for any submission and the decision to grant an extension shall be in Red & Yellow’s sole discretion and without any obligation to do so.
- Course Assessment and Certificates
15.1. As part of the course, Red & Yellow will assess you in accordance with its assessment criteria and will issue a digital certificate of participation to participants who achieve a mark of 50% (fifty percent) or higher for the applicable course.
15.2. You will have the right to request a moderation of your marks awarded by Red & Yellow in order for the mark to be lifted/ adjusted upwards, subject to Red & Yellow charging you for moderations in respect of all moderations where the outcome is the same as the original mark. You are required to request what charge will be applied by Red & Yellow at the same time as the moderation is requested and once confirmed by you, Red & Yellow will proceed with the moderation and you shall be liable for the charge stipulated.
15.3. Unless specifically provided in the course description on our site, the course is not accredited.
15.4 The re-issue of a certificate is available in two options:
- Hard copy: R500 (inclusive of VAT if applicable)
- Digital copy: R200 (inclusive of VAT if applicable)
15.5 We will only release your results, certificates, badges and reports to you on completion of a course or programme/s to the extent that you (or the person/s who is responsible for the fees) have paid in full all related fees and other amounts relating to it. Should your account not be paid up, we will withhold these documents until payment has been rendered in full.
- Acceptable use of our site and the learning management system
As a user of the site and/or of the learning management system (which may include forums) you are required to comply with the following rules:
16.1 You may use our site and/or the learning management system, for lawful purposes only. You may not use our site and/or the learning management system:
16.1.1 in any way that breaches any applicable local, national, or international legislation whether intentionally or negligently;
16.1.2 in any way which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect whether intentionally or negligently;
16.1.3 for the purposes of harming or attempting to harm any person in any way whether intentionally or negligently;
16.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in clause 16.4 below;
16.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
16.1.6 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
16.2 You also agree:
16.2.1 Not to reproduce, duplicate, copy or re-sell any part of our site, course material or Learning Management System in contravention of the provisions of our terms of website use.
16.2.2 Not to access without authority, interfere with, damage or disrupt:
- any part of our site and/or the Learning Management System;
- any equipment or network on which our site and/or the Learning Management System is stored;
- any software used in the provision of our site and/or the Learning Management System; or
- any equipment, network or software owned or provided by any third party.
16.3 In providing interactive services through our site and/or through the Learning Management System, we will do our best to assess any possible risks for users but we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site and/or through the Learning Management System, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
16.4 In respect of any material which you contribute to our site and/or the Learning Management System (“contributions”), and to any interactive services associated with it, you must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
16.4.1 Contributions must:
- any part of our site and/or the learning management system;
- Be genuinely held (where they state opinions).
- Comply with applicable law in South Africa and in any country from which they are posted.
16.4.2 Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any other ground.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- Promote any illegal or fraudulent activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or unnecessary anxiety.
- Be likely to harass, upset, embarrass, alarm, frustrate or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from Red and Yellow, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or intellectual property misuse.
16.5 Red & Yellow will determine, in its sole discretion, whether there has been a breach of clause 16 through your use of our site and/or the Learning Management System. When a breach of any of these provisions has occurred, Red & Yellow may take such action as we deem appropriate, including but not limited to your suspension and/or expulsion from the course.
16.6. Failure to comply with this clause 16 constitutes a material breach of the Terms and Conditions and may result in our taking all or any of the following actions:
16.6.1 Immediate, temporary or permanent withdrawal of your right to use our site and/or the learning management system;
16.6.2 Immediate, temporary or permanent removal of any posting or material uploaded by you to our site and/or to our learning management system;
16.6.3 Issue of a warning to you;
16.6.4 Legal proceedings against you including but not limited to: reimbursement of all costs on an indemnity basis and reasonable administrative and legal costs resulting from the breach; and/or
16.6.5 Further legal action against you.
16.6.6 Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
16.7 Red & Yellow excludes liability for actions taken in response to breaches of this clause 16.8 The responses described in this clause 16 are not limited, and we may take any other action we deem reasonably appropriate.
Where you are entitled to a refund in terms of these Terms and Conditions, Red & Yellow will refund the amount paid by you within 30 (thirty) days after Red & Yellow’s written confirmation of your refund.
- Disclaimer and Red & Yellow’s liability
18.1 Red & Yellow warrants to you that courses provided by it through our site will be as described in the course description, except in the case of obvious error and will be of a satisfactory quality and to the full extent permitted by law, Red & Yellow hereby excludes all of its liability in respect of the courses and the participation thereof by you and/or any third party/participant registered for a course by you.
18.2 Save to the extent that it is liable in terms of the law, in relation to the courses offered via our site:-
18.2.1 Neither Red & Yellow nor any of its members, directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use of our site, the inability to use our site or the services or content provided from and through our site. Red & Yellow further makes no representation or warranties, implied or otherwise that, amongst others, the content and technology available from our site is free from errors or omissions or that the service will be completely uninterrupted or error free. Our site is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements; and
18.2.2 Red & Yellow’s liability for direct and/or indirect losses that you suffer as a result of Red & Yellow breaching this agreement is strictly limited to the price for the course you purchased. The aforesaid limitation of liability in this paragraph 18.2.2 does not in any way limit Red & Yellow’s liability:
126.96.36.199 For death or personal injury caused by our gross negligence; or
188.8.131.52 For fraud or fraudulent misrepresentation; or
184.108.40.206 For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability as per the applicable legislation.
- Country of Domicile, Governing law and Jurisdiction
19.1. This website is hosted, controlled and operated from the Republic of South Africa and governed by South African law. Red & Yellow chooses as its domicilium (citandi) et executandi for all purposes under this agreement, whether in respect of court process, notice or other documents, or communication of whatsoever nature the following address:
Second Floor 97 Durham Avenue, Salt River, Cape Town, 7925
19.2. You and Red & Yellow submit to the non-exclusive jurisdiction of the courts of South Africa.
- Electronic Communications
When you visit our site or send emails to Red & Yellow, you consent to receiving communications from Red & Yellow electronically and agree that all agreements, notices, disclosures and any other communication sent by Red & Yellow satisfy any legal requirements including but not limited to the requirement that such communication should be “in writing” or “written”.
21.1. All notices given by you to us must be given to Red & Yellow, Second Floor 97 Durham Avenue, Salt River, Cape Town, 7925 and to firstname.lastname@example.org
21.2. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice/s will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
- Privacy and Confidentiality of Student Records
22.1. Red & Yellow shall take all reasonable steps to protect the personal information of users of our site. For the purposes of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
22.2. Save for disclosure to your employer where a company has registered you for a course, in the event of your employer having registered you for the course, Red & Yellow will not divulge your course results or information relating to your performance in the course to any third parties.
22.3. Red & Yellow may electronically collect, store and use the following personal information inter alia:
- name and surname;
- your employer;
- birth date;
- country of residence;
- closest city;
- how you heard about the course/s;
- non-personal browsing habits and click patterns;
- e-mail address;
- work and home telephone numbers;
- mobile number (if provided by you);
- IP address (if applicable);
- ID number / passport number; and
- VAT registration number (if applicable).
22.4. Red & Yellow collects, stores and uses the above mentioned information for the following purposes:
- subject to your rights in paragraph 21.5, to greet you when you access our site;
* for quality assurance, accreditation, certification and compliance purposes, in accordance with the various laws, regulations and policies governing private higher education institutions in South Africa;
- subject to your rights in paragraph 21.5, to inform you of facts relating to your access and use of our site;
- for billing you for the course/s;
- for communicating with you for purposes of, and incidental to and with, providing you with tuition, assistance, feedback and other correspondence relating to courses;
- for distributing course relevant information and notifications;
- for sending certificates;
- subject to your rights in paragraph 21.5, to inform you about other courses, competitions and special offers from Red & Yellow and/or its partners / affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to our site;
- to verify your identity when transacting with Red & Yellow;
- subject to your rights in paragraph 21.5, to send you other marketing and communications and/or offers from Red & Yellow.
22.5. You may elect not to receive any direct marketing communications from Red & Yellow and/or its partners / affiliates and may advise us of your decision to OPT OUT of receiving such communications by emailing us at email@example.com.
22.6. Red & Yellow may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
- Red & Yellow shall not disclose your personal information unless –
- you consent thereto;
- through due legal process.
- Red & Yellow may compile, use and share any information that does not relate to any specific individual (aggregated data); and
- Red & Yellow owns and retains all rights to non-personal statistical information collected and compiled by Red & Yellow.
22.7. You acknowledge and agree that unless you otherwise notify Red & Yellow in writing, Red & Yellow may inform third party companies or individuals about whether you have completed a course with Red & Yellow.
- Changes to Terms and Conditions
Red & Yellow may in this sole discretion amend or vary these Terms and Conditions, or any part thereof, on notice to you. It is your responsibility to ensure that you are satisfied with any such variations or amendments. If you are not satisfied with the amendments, you must refrain from placing any further orders on or from using our site in any way. In doing this, you waive any right to a refund of any monies already paid by you.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Red & Yellow on any matter provided for in or arising out of these Terms and Conditions, and not resolved between you and Red & Yellow then such a dispute shall be submitted to the confidential arbitration in terms of the expedited rules for domestic arbitration of the Arbitration Foundation of South Africa.
- Term and Termination
These Terms and Conditions shall commence from the date on which they are published on our site and shall continue indefinitely, as amended by Red & Yellow from time to time (as described in paragraph 23 above) for as long as our site exists and is operational. Red & Yellow shall be entitled at any time to terminate these Terms and Conditions and/or to shut down our site (subject to processing any refunds in respect of course registrations that were already completed and accepted by Red & Yellow).
- Intellectual Property Rights
26.1. For purposes of this agreement, “intellectual property” means all course material in respect of courses offered on our site, copyright patents, rights to inventions, and related rights, all other rights in the nature of copyright, trademarks, trade names and domain names, business names, texts, graphics, hyperlinks, icons, logos, service marks, moral rights, know-how, business methods and trade secrets, private information, agreements, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in design, software and database rights and any other intellectual property rights (including but not limited to moral rights), in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewals, extensions or revivals of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future and in any part of the world.
26.2. Any and all copyright subsisting in our site, vests in Red & Yellow, all rights reserved.
26.3. All of the Intellectual Property is the property of and/or licensed to Red & Yellow and are protected from infringement by South African and international law and treaties.
26.4. All right, title and interest in and to the Intellectual Property shall at all times remain fully vested in and belong to Red & Yellow and its licensors, and you shall have no rights whatsoever in or to the Intellectual Property, other than as specifically granted pursuant to the Terms and Conditions.
26.5. You may only download and use the course material and related information in accordance with the provisions of Terms and Conditions and you may only download, view and print content from our site for private educational/study and non-commercial purposes.
- Transfer of Rights and Obligations
27.1. The contract between you and Red & Yellow is binding on you and Red & Yellow and on Red & Yellow’s respective successors and assignees.
27.2. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under the contract without our prior written consent.
27.3. Red & Yellow may transfer, assign, charge, subcontract or otherwise dispose of the agreement or any of our rights or obligations arising under it and at any time during the terms of the agreement on notice to you.
- Events outside of our control
28.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an agreement that is caused by events outside our reasonable control (“Force Majeure Event”).
28.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Contagious diseases;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, drought, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private utilities or telecommunications networks; and/or
- The acts, decrees, legislation, regulations or restrictions of any government.
28.3. Red & Yellow’s performance under any agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. Red & Yellow will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the agreement may be performed despite the Force Majeure Event.
29.1. If we fail, at any time during the term of an agreement, to insist upon strict performance (or grant any indulgences) in respect of any of your obligations under the agreement or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the agreement, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
29.2. A waiver by Red & Yellow of any default shall not constitute a waiver of any subsequent default.
29.3. No waiver by Red & Yellow of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms and Conditions or any provisions of an agreement are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire Agreement
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any agreement and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- Company Information
In terms of the ECT Act, Red & Yellow as the supplier, is required to make certain information about it available to its customers on the website/s where its goods and/or services are being offered:-
Red & Yellow’s company information is as follows:
Full name: Red and Yellow Creative School of Business (Pty) Ltd, a private company registered in South Africa, Registration number 1981/004876/07;
Main business: Provision of educational products and services.
Physical Address and address for receipt of legal notices: Second floor 97 Durham Avenue, Salt River, Cape Town, 7925,Telephone number: +27(0)872 273 283
Office bearers: RC Stokes (Director), N Cockroft (Director); AJ Allison (Director)
Official email address: firstname.lastname@example.org
PROATIA: The manual published in terms of section 51 of the Promotion of Access Act 2 of 2000. This act may be requested by emailing email@example.com
R&Y GENERAL PROMOTION AND COMPETITION TERMS AND CONDITIONS
- Each R&Y promotion or competition (each a “Promotion”) is operated by Red and Yellow Creative School of Business (Pty) Ltd and is open to all participants who are natural persons 18 years or older, or assisted by a parent or guardian if under the age of 18, who reside in South Africa or – where participant resides in another country – where that participant has legal capacity to enter into contractual agreements and make financial commitments. Companies or businesses are not eligible to participate in Promotions.
- A participant’s entry into, application for or benefit in terms of any Promotion constitutes binding acceptance by the participant of – and an agreement to abide by – its terms.
- Each Promotion is subject strictly to any specific terms and conditions stipulated in writing by R&Y alongside or in connection with such Promotion, as well as the general terms and conditions set out here, unless expressly stipulated otherwise in the specific terms. In the event of a conflict between the specific terms and these general terms, these general terms will apply.
- A Promotion will commence on the date specified, and will continue until the specified end date. If no commencement or end date is specified, the Promotion will start when it is first published on R&Y’s website and will end immediately on it being removed from R&Y’s website.
- Only one prize, special offer, discount or other benefit may be won or enjoyed per person per Promotion/transaction, irrespective of how many times a person enters or applies.
- Special offers and discounts may not be used in conjunction with each other. In the case of Black Friday promotions, the offer applies to once-off upfront payments only, not payment plans.
- Where applicable, winners will be selected by random draw under the supervision of an independent admitted attorney, and will be notified via phone or email within 30 days of the close of the Promotion. The judge’s decision shall be final and no correspondence shall be entered into.
- Prizes, special offers, discounts or other benefits are non- refundable, non- exchangeable and cannot be redeemed for cash and no monetary change will be given.
- In the event that a winner or beneficiary of a Promotion cannot be successfully contacted following all reasonable attempts to do so, R&Y reserves the right to disqualify the winner(s) or beneficiary(ies) from the Promotion and elect another winner(s) / beneficiary(ies) in his or her stead.
- Winners/beneficiaries may be disqualified if their accounts with R&Y are in arrears or in the opinion not in general good order and standing at all relevant times during the Promotion. An account in good standing is a necessary precondition for any application to, entry into or request to take advantage of a Promotion.
- Promotions are not open to R&Y employees and their direct family members including the employees and family members of R&Y’s advertising and promotional agencies and distributors.
- By participating in a Promotion, participants and winners and their families and connected persons agree to release and hold R&Y harmless against any and all losses, damages, rights, claims and actions of any kind in connection the relevant Promotion or resulting from acceptance, possession, or use of the relevant prize, special offer, discount or benefit, including, without limitation, personal injuries, death, and property damage, and claims based on defamation or invasion of privacy.
- R&Y reserves the right to:
- disqualify a participant in a Promotion if R&Y believes – in its sole but reasonable discretion – that the participant is deliberately attempting to manipulate or circumvent the terms of the Promotion to their advantage; and
- to summarily change or terminate a Promotion if it determines that the continued running of the Promotion would be to the detriment of R&Y’s business interests, and In the event of such change or termination, all participants agree to waive any rights that they have in respect of the Promotion and acknowledge that they will have no recourse against R&Y.
15. Any reference to R&Y in these terms and conditions shall be deemed to include reference to Red and Yellow Holdings (Pty) Ltd, Red and Yellow Creative School of Business (Pty) Ltd and Red and Yellow Digital (Pty) Ltd, as well as any of their holding, associated and affiliated companies and subsidiaries.