CONSENT AND ACKNOWLEDGMENTS IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT NO 4 OF 2013 (POPI)
The Protection of Personal Information (POPI) Act aims to give effect to the constitutional right to privacy by balancing the right to privacy against that of access to information. The POPI Act requires that personal information pertaining to individuals be processed lawfully and in a reasonable manner that does not infringe on the right to privacy.
This consent form sets out how personal information will be processed by Season Seven Consulting (Pty) Ltd (hereafter “Season Seven”). The use of the words “the party” for the purposes of this document shall be a reference to any party dealing or communicating with Season Seven and/or concluding any agreement, whether of employment, of service provider or client, or in any other legal capacity, with the inclusion of each party referred to or included in terms of such exchange or agreement.
Should you be a client purchasing products and/or services from Season Seven, we may process personal information about you related to names, surnames, identity number, nationality, identifying numbers, email addresses, physical addresses, GPS coordinates, telephone numbers, account numbers and financial history. The purpose of processing such personal information about you is to communicate directly with you, also for marketing purposes, to perform upon the specific agreement concluded between yourself and Season Seven, to protect your legitimate interests through such performance and to comply with relevant statutory provisions.
Season Seven will only collect personal information for the purposes as stated above. As part of the processing of personal information about you, Season Seven will collect such information from you through your status as client, business relation, or otherwise. It may also collect such information from statutory institutions such as the Companies and Intellectual Property Commission (CIPC), from a relevant public or equivalent entity, from its own partner companies or from its own records related to previous services provided to you. As part of the processing of personal information about you, Season Seven may also disclose such personal information to statutory institutions such as the CIPC, SARS, the Department of Labour, or other relevant public or equivalent entities on whose behalf Season Seven may act as intermediary, or other third parties agreed to in writing with you the data subject.
Consent and permission to process personal information
Through reading this statement you are explicitly requested to resolve whether you consent to Season Seven processing your personal information. Should you not consent to Season Seven processing your personal information, you must please opt out by writing to the Season Seven designated Information Officer at email@example.com Should you not respond or should no response be received by Season Seven, your consent for Season Seven to process your personal information is implied. Should you choose to opt out from Season Seven processing your personal information, you understand that withholding consent or failure to disclose personal information will result in Season Seven being unable to perform its functions and/or any services or benefits you may require from Season Seven. You also indemnify and hold Season Seven harmless in respect of any claims against Season Seven by any other person on whose behalf you have consented should they claim that you were not so authorized. You furthermore understand that in terms of the POPI Act and other laws of the country, there are instances where your express consent is not necessary in order to permit the processing of personal information, which may be related to police investigations, litigation or when personal
information is publicly available. You will not hold Season Seven responsible for any improper or unauthorized use of personal information that is beyond its reasonable control.
Your rights regarding the processing of personal information
You may withdraw consent to the processing of personal information at any time, and should you wish to do so, you must provide Season Seven with reasonable notice to this effect. Please note that withdrawal of consent is still subject to the terms and conditions of any contract that is in place between yourself and Season Seven. Should the withdrawal of consent result in the interference of legal obligations, then such withdrawal will only be effective if Season Seven agrees to same in writing. Season Seven specifically draws to the attention the fact that the withdrawal of consent may result in it being unable to provide the requested information and/or products and/or services and/or other benefits. Further, please note that the revocation of consent is not retroactive and will not affect disclosures of personal information that have already been made. In order to withdraw consent, please write to the Season Seven designated Information Officer at firstname.lastname@example.org
Where personal information has changed in any respect, you are encouraged to notify Season Seven so that its records may be updated. Season Seven will largely rely on you to ensure that personal information is correct and accurate.
Insofar it concerns direct marketing communications, you can ask us not to send you these at any time through following the unsubscribe instructions contained in the marketing communication, or by sending a clear message in this regard to the Season Seven designated Information Officer at email@example.com
You have the right to access your personal information that Season Seven may have in its possession and you are entitled to request the identity of which third parties have received and/or processed personal information for the purpose agreed to. Please note however, that any request in this regard may be declined if:
· the information comes under legal privilege in the course of litigation,
· the disclosure of personal information in the form that it is processed may result in the disclosure of confidential information,
· giving access may cause a third party to refuse to provide similar information to Season Seven,
· the information as it is disclosed may result in the disclosure of another person’s information,
· the information contains an opinion about another person and that person has not consented, or
· the disclosure is prohibited by law.
Requesting access and lodging of complaints
Please submit any requests for access to your personal information in writing to the Season Seven designated Information Officer at firstname.lastname@example.org With any request for access to personal information, Season Seven will require you to provide personal information in order to verify identification and therefore the right to access the information. There may be a reasonable charge for providing copies of the information requested.
Season Seven Consulting
Terms and Conditions
1. Definitions and Phrases
1.1 In this Agreement, unless the context otherwise requires:
– the singular includes the plural and vice versa;
– references to sub-clauses and clauses are to sub-clauses and clauses of the General Terms and Conditions, and references to paragraphs are to paragraphs in an Order Form;
– references to persons include individuals, trusts, partnerships, unincorporated bodies, government entities, companies and/or corporations (in each case whether or not having separate legal personality);
– ‘including’ (or similar words) means including without limitation;
– clause headings do not affect their interpretation;
– ‘in writing’ or ‘written’ includes email; and
– references to legislation (including any subsidiary legislation) include any modification or re-enactment thereof;
– if any term or provision of these terms and conditions are found to be unenforceable, such shall not affect the validity of any other terms.
1.2 The following words and phrases shall have the following meaning:
“the Company” refers to Season Seven Consulting (Pty) Ltd;
“the client ” refers to any natural or juristic person, whether private or public, that makes use of the services of the Company, or enters the website of the Company; 2
“the website” refers to www.seasonseven.co.za
“the program” refers to the Season Seven Consulting Business program found at www.seasonseven.co.za
“terms and conditions” refers to and includes all the terms and conditions set out herein;
“agreement” refers to the terms and conditions that is agreed to by the use of the services of the Company and the website of the company;
“force majeure” means acts of God, fire, flood, war, acts of terrorism, riot, civil commotion, governmental actions (excluding regulatory change) and any similar events beyond the reasonable control of the non-performing Party.
2.1 The terms and conditions contained herein shall be of full force and effect whenever any person or entity in whichever capacity whatsoever should have any direct or indirect dealings or interaction with the Company, or the website of the Company.
2.2 It is specifically stated that any client or user of the services of the Company, or the website of the company, fully agrees to and accepts all the terms and conditions herein, and warrants that they have read all the terms and conditions contained herein. 3
3.1 The use of the company website is restricted to persons over the age of 16, and no person under the age of 16 is permitted to use the website of the company.
3.2 Any client, person or entity using the website of the company therefore unequivocally warrants that they are over the age of 16.
3.3 If any person under the age of 16 uses or enters the website of the Company, they unequivocally warrant that they have the relevant consent to do so. The Company will not entertain any referrals, requests or queries for returns regarding orders placed by persons under the age of 18 without the relevant consent.
4. Services and Products
4.1 The Company endeavors to provide a service wherein assistance is offered to companies in various forms of advice towards business management and business implementation. The Company also sells product in the form of a program, towards a similar goal.
4.2 The use of the website does not guarantee and enable such services, and any contractual obligations outside of these general terms and conditions will only be valid, if such is specifically entered, with regards to services; or specifically purchased, with regards to products. 4
5. Program Specific Terms and Conditions
5.1 Access to the program offered by the Company will only commence after full and final payment of the purchase price, and successful registration by the client.
5.2 If any client should purchase the program offered by the company, they guarantee that they have, or have access to, a computer and/or laptop, and a stable internet connection.
5.3 By purchasing the program, the Company grants you (the client/student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes in accordance with these terms and conditions.
5.4 Completion of the program will give you access to a Certificate of Completion, which is endorsed by the Company.
5.5 If any Client should be found to be in breach of any of the terms and conditions pertaining to the program offered by the company, the company will be able to cancel any rights or access that the client may have to such a program, with immediate effect.
6.1 Payment on the website will only be required of clients wishing to purchase the program offered on the website.
6.2 Any other services offered by the company and the website will only be entered, and therefore require payment, once such is specifically entered between the client and the company. 5
6.3 A client may purchase and place any order for the program offered, by the use of a Debit Card, Credit Card, or EFT (details upon request).
6.4 If any client uses a Debit or Credit Card, or processes an EFT, that client warrants that he or she may use such Credit Card or EFT facility, and warrants that any information provided is correct.
6.5 The Company will not be held liable for any unauthorized use of any Credit Card or EFT facility; and will not be held liable for any information that was provided incorrectly.
6.6 The Company warrants that it is committed to providing safe and secure payment facilities, and warrants that all payments are encrypted.
7. Refunds and Returns
7.1 Clients whom have purchased the program from the website, do so by their own voluntary volition, and warrant that they have read all terms and conditions and program terms before doing so.
7.2. Any Client whom is however dissatisfied with the program purchased, may request a 50% refund from the company, within 24 (twenty-four) hours of the time of full and final settlement of the purchase amount, in terms of Consumer Protection Act 68 of 2008.
7.3 Clients are therefore encouraged to make sure that the program offered is in line with their needs, so as to ensure that the program may benefit the purchaser as intended – and all such program information is found on the website of the Company.
7.4 If any program offered by the company should however be defective, or incapable of adequate access, due to no fault of the company, then the 6
client may request a refund from the company within 2 (two) weeks of becoming aware of such a defect or inadequacy.
7.5 If any client should however purchase any program after direct marketing, or direct marketing of a special and/or sale, such purchase shall be subject to a cooling off period of five (5) days, and a client may receive a full refund if such is requested within the cooling off period, in terms of Consumer Protection Act 68 of 2008.
8. Copyright and Prohibited Use of Intellectual Property
8.1 All intellectual property of the Company, which includes, but is not limited to, the Company, the website, the program, any services, and ideas or information from services, is the property of the company, and shall remain the company of the property.
8.2 Nothing shall give any client any right to use, reproduce, sell or solicit any of the intellectual property of the Company, and under no circumstances shall any client reproduce, copy, modify, adapt, enhance or use the Company’s intellectual property, or permit the use of such intellectual property by any third party.
8.3 The Company retains the rights to their own intellectual property, and shall unequivocally retain such right during and after any interaction with any client, unless specifically agreed to otherwise in writing.
8.4 Any person found to illegally use any of the intellectual property of the Company, or found to be in breach of any of the provisions above, shall be held to account in terms of the law, and the Company reserves all their rights herein. 7
9. Protection of Personal Information
10. Warranties and Liability
10.1 Any client of the Company warrants that they shall at all times provide all necessary and required information, and that any such information provided shall be the correct information.
10.2 Any client further warrants that they have the necessary capacity and authority to enter any agreement or contract of sale with the Company.
10.3 The client indemnifies, and holds the company innocent against any damages or claims that may arise from any entity, person or third party, and includes, but is not limited to, loss or damage caused by any inaccuracy; loss or damage caused by omission; and any loss or damage caused by delay or error.
10.4 Any claim made against the Company in breach of para. one (1) above shall be deemed to be illegal, and any costs incurred by the company in the pursuit of any such claim shall be compensated by the client, and shall be for the account of the client. 8
10.5 The client further indemnifies, and holds the Company innocent against any claims that may arise out of acts of Force Majeure, unless such acts could have reasonable been foreseen and prevented by the company.
11. Third Parties
11.1 The website, service, and program/s of the Company may use third party companies, websites and services, and whilst the company warrants that they have ensured that due diligence was undertaken regarding any third parties, the Company will not be held liable for any loss or possible damage that may result from the direct or indirect use of such third parties, which includes, but is not limited to, any services, products, advertisements or websites of such third parties.
12. Governing Law
12.1 This agreement shall be governed by the laws of the Republic of South Africa and the declaration of any clause or part of the clause herein as invalid shall not affect the validity of the remainder hereof.
13.1 Nothing shall modify the terms and conditions herein, and no action shall whatsoever be construed as a waiver or relaxation of any of the terms and conditions herein.
14.1 Any dispute between the parties in regard to: 9
– the interpretation of;
– effect of;
– the parties’ respective rights and obligations under;
– a breach of;
– the termination of;
any matter arising out of this agreement, its Annexures and Addendums, or any dispute between the parties will be resolved by mediation, and failing such, arbitration. Such arbitration will be done informally and in accordance with the provisions of the Arbitration Act no. 42 of 1965, as amended.
15. Entire Agreement
15.1 The terms and conditions set herein are the full and final terms applicable to the relationship of the Company and the client, and no other terms and conditions shall be applicable, unless specifically agreed to in writing between the parties.
15.2 The Company reserves the right to amend any of the terms and conditions herein.
16. Legal Disclosure in terms of S43 of the Electronic Communication and Transactions Act 25 of 2002: