1.2 This web site is intended to provide the user only with information regarding Rhodes University and the services it offers.
1.3 Without derogating from the aforegoing, Rhodes University 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:
1.3.1 such content is used for information and/or non-commercial purposes only; and
1.3.2 any reproduction of the content of this web site, or portion thereof, must include the following copyright notice: © Rhodes University 2014. ALL RIGHTS RESERVED.
1.4 Users that wish to use content from this site for commercial purposes may only do so with prior written permission from Rhodes University.
2. 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 Rhodes University, 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 reserved.
3. ELECTRONIC COMMUNICATIONS
By using this web site or communicating with Rhodes University 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”.
4. CHANGES AND AMENDMENTS
4.1 Rhodes University 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.
4.2 Rhodes University 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.
5.1 Rhodes University protects the user’s privacy:
5.2 No personal information about a user will be disclosed to third parties without the user’s permission or due process.
5.3 Rhodes University gathers and will be in possession of the following private and personal information:
5.3.1 Information provided by the user voluntarily — this information is used to provide a better service to users;
5.3.2 Information automatically provided (e.g. via cookies) — this information is gathered to better users’ browsing and interaction with Rhodes University. Cookies cannot harm user’ computers nor carry viruses.
5.4 By using this web site the user consents to the following:
5.4.1 Rhodes University 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
5.4.2 Rhodes University may use the user’s information for non-personal statistical purposes.
5.5 Rhodes University retains the copyright in databases of personal information of users.
6. LINKING AND FRAMING
6.1 Any third party site may link to publicly-visible content on this web site provided that they also provide a link to the home page of the department, division, society, institute, affiliate, or body with Rhodes University responsible for said content and/or to the home page of Rhodes University. It is expressly prohibited for any person, business, entity or web site to link to any page that normally requires authentication or is otherwise restricted, without the prior written approval of Rhodes University.
6.2 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 Rhodes University.
7. AGREEMENTS IN TERMS OF SECTION 21 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
7.1 No information or data on this web site is an offer to do business, but is merely an invitation to do business.
7.2 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 the institution.
7.3 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.
8. SEARCHING TECHNOLOGY
8.1 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’s 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 hereof.
9. LINKS TO THIRD PARTY SITES
9.1 Rhodes University may provide links to other web sites only as a convenience to the user and the inclusion of any link does not imply Rhodes University’s endorsement of such sites.
9.2 Linked web sites or pages are not subject to the control of Rhodes University. Rhodes University 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.
10. SECURITY OF INFORMATION
10.1 All reasonable steps will be taken to secure a user’s information.
10.2 User’s undertake not to divulge their user name and passwords to any other person.
10.3 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 Rhodes University should suffer any damage or loss, civil damages will be claimed.
10.4 Rhodes University cannot be held responsible for security breaches occurring on the user’s electronic device (Personal Computer or other electronic device used to browse this web site), which may result due to the lack of adequate virus protection software or spyware that the user may inadvertently have installed on his/her device.
11. E-COMMERCE, REFUNDS & RETURNS
11.1 Rhodes University solicits donations and accepts payment for tuition, residence accommodation, conference fees, Festival accommodation and other related services online.
11.2 The use of any product or service bought from this web site is at the purchaser’s risk. The purchaser/user indemnifies and holds Rhodes University harmless against any loss, injury or damages which may be sustained as a result of using any products sold on this web site.
11.3 Credit Card Transactions are acquired by MyGate Communications (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.mygate.co.za to view MyGate’s security policy.
11.4 The University can only accept transactions in South African Rand (ZAR). Any amounts specified in other currencies are merely estimates, and the full Rand amount of the transaction remains payable. Where users specify a different currency, it will be converted to South African Rand at their Credit Card Provider’s prevailing exchange rate prior to the transaction being completed.
11.5 The refund & return policy associated with a specific transaction may vary depending on the particulars of the service or product provided. The documentation linked from the web page detailing a specific online transaction should be considered definitive for that particular transaction. Where no explicit policy is provided, the following applies:
11.5.1 The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within thirty (30) days. Cancellation of orders by the client will attract a 10% charge for administration costs.
11.5.2 Rhodes University reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet Rhodes University’s standards. Should the Rhodes University exercise this right, the user will receive a full refund with no deductions.
12.1 Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, Rhodes University 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, Rhodes University 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.
12.2 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 Rhodes University, 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.
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Rhodes University.
12.4 All items purchased from Rhodes University are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Rhodes University to such agents upon delivery of any item to such carrier.
12.5 Neither Rhodes University 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.
12.6 Postings of any kind posted to this web site are not editorially controlled and therefore Rhodes University cannot be held liable for illegal or unconstitutional content. The user indemnifies Rhodes University from all liability in this regard.
13.1 These Terms and Conditions of Use constitute the entire agreement between Rhodes University and you, the user of this web site. Any failure by Rhodes University 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.
13.2 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.
14. APPLICABLE AND GOVERNING 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. In the event of dispute arising both Rhodes University and you, the user, shall recognise and consent to the jurisdiction of the High Court of South Africa (Eastern Cape Division, Grahamstown).
15. 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 Rhodes University at:
Street Address: The Web Manager,
Information Technology Division,
Struben Building, Artillery Road,
Postal Address: The Web Manager
Information Technology Division,
P.O. Box 94,
Telephone: +27 46 603 8286 / +27 46 603 8288
Faximile: +27 46 603 8012
E-Mail: [email protected]