You will, however, not be entitled to exercise the above right of withdrawal in respect of a transaction : (a) for the provision of services if performance has begun, with your consent, before the end of the seven day period referred to above; (b) for the supply of goods or services the price of which is dependent on fluctuations in the financial market which cannot be controlled by us; (c) for the supply of goods made to your specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly; (d) for the supply of audio or video recordings or computer software which were unsealed by you; or (e) for the supply of newspapers, periodicals and magazines.
9. Returns, refunds and exchanges - Subject to the provisions of clause 8, your return of goods will be governed by the returns, refund and exchange policy made available on the site from time to time. Please note that if you return goods you will still have to pay for the shipping costs.
11. Security Policy - While we employ security features, processes and procedures on the site which may or may not use 128 bit encryption technology, we cannot guarantee the security of the information you transmit to us. Notwithstanding various precautions taken by us, you accept that transmitting information over the Internet may be subject to unlawful access or monitoring and that we are not liable for any loss, harm or damage which you may suffer as a result of this. To enjoy full functionality and all the security features available on the site you require the browser and version thereof as specified on the site from time to time. If you do not have the specified browser then you might not enjoy the full functionality or security features made available on the site, in which case you acknowledge and accept that the site may fail to function properly and you accept all risks related to this.
12. Complaints & disputes - Any complaints and queries which you may have should be directed to our customer service division. If the complaint cannot be resolved with 10 (ten) business days after having been referred to the customer service division, the dispute will be referred to arbitration in terms of the rules of the Arbitration Foundation of South Africa (AFSA). The arbitrator shall be appointed by AFSA and the unsuccessful party shall pay the costs of arbitration. Only you and your representative(s) and Learning.Support and its representative(s) may attend the arbitration. Both you and Learning.Support shall keep the fact that a dispute has arisen, the record of the arbitration proceedings as well as the arbitrator's decision, confidential.
Notwithstanding the above provisions, we retain the right to institute action in any court of law with jurisdiction to obtain urgent, interim relief or to collect outstanding debts due and payable by you.
13. Deemed originator - You warrant to us that: all your given details are true and correct; you are legally capable of concluding the transaction and you have read, understood and accepted the terms of this agreement. As it is impossible for us to verify the originator of an instruction, you hereby authorise us to act on any instruction purporting to originate from you, even if it transpires that both of us been defrauded by someone else, unless you have informed us to the contrary prior to us acting on a fraudulent instruction.
14. Access to records - You may request a record of the transaction from us, provided that we shall not be obliged to store such records for longer than 30 days after the transaction.
15. Availability of site - Learning.Support may, in its sole discretion, at any time suspend or terminate the operation of the site or any of the services provided via the site or advertised on the site, without prior notice to you and without the need to provide you with reasons.
16. Exclusion & limitation of liability - NEITHER Learning.Support, ITS HOLDING COMPANY, ITS SUBSIDIARIES, ASSOCIATES, AFFILIATES OR THEIR SHAREHOLDERS, CONSULTANTS OR EMPLOYEES WILL BE LIABLE FOR ANY DAMAGES RELATING TO THE USE OF THIS SITE, IRRESPECTIVE OF THE CAUSE OF YOUR LOSS. WITHOUT AFFECTING THE FOREGOING, WE ARE NOT BE LIABLE FOR: (A) ANY INTERRUPTION; MALFUNCTION; DOWNTIME OR OTHER FAILURE OF THE SITE, COMPUTER SYSTEMS FOR WHATEVER REASON; (B) ANY INTERRUPTION, MALFUNCTION, DOWNTIME OR OTHER FAILURE OF GOODS OR SERVICES PROVIDED BY 3RD PARTIES, INCLUDING, WITHOUT LIMITATION, PUBLIC SWITCHED TELECOMMUNICATION SERVICE PROVIDERS, INTERNET SERVICE PROVIDERS, ELECTRICITY SUPPLIERS, LOCAL AUTHORITIES AND CERTIFICATION AUTHORITIES; OR (C) AN EVENT OF FORCE MAJEURE OR ANY OTHER EVENT OVER WHICH WE HAVE NO DIRECT CONTROL.
17. Intellectual property - Learning.Support owns or has been licensed to use all the intellectual property rights in all the material on the site which includes, but is not limited to, copyright, trade marks rights in the brands, logos, graphics, photographs, product and price information which is displayed on the site from time to time. You may not use this material for any commercial purposes whatsoever. You may only use such material for using or considering Learning.Support's products or services. You are allowed to view and download one copy of the material to your computer.
18. Linking to 3rd party sites - Hyperlinks to the websites of other persons or businesses are provided at your own risk. You acknowledge that the websites attached to these hyperlinks are beyond our control and that we do not endorse, warrant or make any representations about the content, products, services, security or reliability of that website.
19. No representations or warranties - The site and the information on the site are provided "as is" and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. Learning.Support does not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
20. Right to amend this agreement - We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site ("the current version"). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
21. General Severability: If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.
22. Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
23. Notices and address for service: For purposes of these online terms Learning.Support will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive the same at your specified address.