TERTIARY EDUCATION NETWORK
Web Site Terms and Conditions of Use
Persons using the Tertiary Education Network (hereinafter TENET)
web site for any reason whatsoever, subject themselves to and agree to the
set out below.
This web site is intended to provide the user only with
information regarding TENET and the services it offers.
Without derogating from the aforegoing, TENET hereby
authorises the user to view, copy, download to a local drive, print and
distribute the content of this web site, or any part thereof, provided that:
such content is used for information and/or non-commercial
purposes only; and
any reproduction of the content of this web site, or portion
thereof, must include the following copyright notice: © TENET 2005. ALL RIGHTS
Users that wish to use content from this site for commercial
purposes may only do so with prior written permission from TENET.
INTELLECTUAL PROPERTY RIGHTS
All content, trademarks and data on this web site, including
but not limited to, software, databases, text, graphics, icons, hyperlinks,
private information, and designs are the property of or licensed to TENET, and
as such, are protected from infringement by domestic and international
legislation and treaties. Subject to the rights afforded to the user herein,
all other rights to all intellectual property on this site are expressly
By using this web site or communicating with TENET by
electronic means, the user consents and acknowledges that any and all
agreements, notices, disclosures, or any other communications satisfy any legal
requirement, including but not limited to the requirement that such
communications should be “in writing”.
CHANGES AND AMENDMENTS
TENET expressly reserves the right, in its sole and absolute
discretion, to alter and/or amend any criteria or information set out in this
web site without prior notice.
TENET reserves the right to change and amend the
information, prices and rates quoted as well as the terms and conditions on this
web site without any notice.
TENET protects the user’s privacy:
No personal information about a user will be disclosed to
third parties without the user’s permission or due process.
TENET gathers and will be in possession of the following
private and personal information:
· Information provided by the user voluntarily – this information is used to provide a better service to users;
Information automatically provided (e.g. via cookies) – this
information is gathered to better users’ browsing and interaction with TENET.
Cookies cannot harm users’ computers nor carry viruses.
By using this web site the user consents to the following:
TENET may use your personal information about the user to
communicate with the user from time to time. Users may indicate if they do not
wish to receive such communications; and
TENET may use the user’s information for non-personal
TENET retains the copyright in databases of personal
information of users.
LINKING AND FRAMING
Any third party site may link to this web site provided that
such a link is directed at the home page of this web site. It is expressly
prohibited for any person, business, entity or web site to link to any page
other than the home page of this web site, without the prior written approval
It is expressly prohibited for any person, business, entity,
or web site to frame any page on this web site, including the home page, in any
way whatsoever, without the prior written approval of TENET.
AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC
COMMUNICATIONS AND TRANSACTIONS ACT
No information or data on this web site is an offer to do
business, but is merely an invitation to do business.
No agreements shall be concluded merely by sending a data
message to this web site or its owners.
Valid agreements require an acknowledgement an offer, of receipt from
No e-mail message shall be deemed to have been received by
the institution until a response has been issued from the institution. An
automated response, from the institution, shall not satisfy this requirement.
The use of search technology, such as “web-crawlers” or
“web-spiders”, to search and gain information from this web site is not
permitted if such technology will result in slowing down this web site’ server
or copyright infringement of any data and information available from this web
site. Data and information may only be used in compliance with sections 5 to 8
LINKS TO THIRD PARTY SITES
TENET may provide links to other web sites only as a
convenience to the user and the inclusion of any link does not imply TENET’s
endorsement of such sites.
Linked web sites or pages are not subject to the control of TENET.
TENET shall not be held responsible or liable, directly or indirectly, in any
way for the contents, use, or inability to use or access any linked web sites
or any links contained in a linked web site
SECURITY OF INFORMATION
All reasonable steps will be taken to secure a user’s
User’s undertake not to divulge their user name and
passwords to any other person.
It is expressly prohibited for any person, business, or
entity to gain or attempt to gain unauthorised access to any information on
this web site, or to deliver or attempt to deliver any unauthorised, damaging
or malicious code to this web site. Any person who delivers or attempts to
deliver any unauthorised, damaging or malicious code to this web site or
attempts to gain unauthorised access to any page on this web site shall be held
criminally liable, and in the event that TENET should suffer any damage or
loss, civil damages will be claimed.
Subject to the provisions of sections 43(5) and 43(6) of the
Electronic Communications and Transactions Act, TENET shall not be liable for
any damage, loss or liability of whatsoever nature arising from the use or
inability to use this web site or the services or content provided from and
through this web site. Furthermore, TENET makes no representations or
warranties, implied or otherwise, that, amongst others, the content and
technology available from this web site are free from errors or omissions or
that the service will be uninterrupted and error free.
This web site is supplied on an "as is" basis and
has not been compiled or supplied to meet the user's individual requirements.
It is the sole responsibility of the user to satisfy himself or herself, prior
to entering into this agreement with TENET, that the service available from and
through this web site will meet the user's individual requirements and be
compatible with the user's hardware and/or software.
Information, ideas and opinions expressed on this site
should not be regarded as professional advice or the official opinion of TENET.
All items purchased from TENET are made pursuant to
agreements with shipping and delivery agents and risk of loss pass from TENET
to such agents upon delivery of any item to such carrier.
Neither TENET nor any of its agents or representatives shall
be liable for any damage, loss or liability of whatsoever nature arising from
the use or inability to use any information and/or services on this web site.
Postings of any kind posted to this web site are not
editorially controlled and therefore TENET cannot be held liable for illegal or
unconstitutional content. The user indemnifies TENET from all liability in this
These Terms and Conditions of Use constitute the entire
agreement between TENET and you, the user of this web site. Any failure by TENET
to exercise or enforce any right or provision of these Terms and Conditions of
Use shall in no way constitute a waiver of such right or provision.
In the event that any term or condition of the use of this
web site is not fully enforceable or valid for any reason, such term(s) or
condition(s) shall be severable from the remaining terms and conditions. The
remaining terms and conditions shall not be affected by such unenforceability
or invalidity and shall remain enforceable and applicable.
APPLICABLE AND GOVENERING LAW
This web site is hosted, controlled and operated from the
Republic of South Africa, and thus South African Law governs the use or
inability to use this web site and these terms and conditions.
CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
If you have any questions, queries or wish to request
permission to use any part of this web site, including, linking, framing, or
searching, please contact TENET at:
Tertiary Education Network
46 Rouwkoop Road
Tel: +27 21 659 7143
Fax: +27 21 659 7117