Terms of service

Introduction

 

1.1 This document contains terms and conditions (“Conditions“) that apply to anyone registering for purposes of purchasing a product or service offered by MoolmanMartin. 

 

1.2 Unless otherwise stated, the Website and its related information is provided to you by MoolmanMartin (hereinafter referred to as “MoolmanMartin”, “We”, “Us”, “Our”), a company registered in the Republic of South Africa.

 

1.3 These Conditions define the terms of the agreement entered into between you and MoolmanMartin (“the Agreement”). Access to this website located at MoolmanMartin.com (“the Website”), as well as the information, products and services MoolmanMartin provides to you, are subject to these conditions.

 

1.4 When you register to receive information and/or products and/or services from MoolmanMartin you are entering a into contract with MoolmanMartin. These Conditions contain the terms of that contract. They incorporate and are subject to the rules, policies and procedures that may also be laid out in other parts of this Website.

 

1.5 Collectively, they set out the responsibilities and rights of each party.

 

1.6 By registering on the Website to purchase products and/or services, you agree to be bound by these Conditions. In the event that, for any reason, you do not agree to all of the terms and conditions, you may not continue to use the Website.

 

1.7 If any part of this Agreement is unclear or not understood by you, you are required to seek clarity by contacting a representative of MoolmanMartin using the details provided on the ‘Contact Us’ page of the Website.

 

Definition of terms used within this Agreement

2.1 “Conditions” means the requirements expressly contained in this document, or implied, that each contracting party must first perform before being in a position to demand performance of the other contracting party, and that give effect to this agreement.

 

2.2 “CPA” means the Consumer Protection Act No. 68 of 2008 a law promulgated in the Republic of South Africa.

 

2.3 “MoolmanMartin” means MoolmanMartin, a company registered in the Republic of South Africa.

 

2.4 “Intellectual Property Rights” means information subject to copyright, trademarks, trade secrets, service marks and other intellectual property rights (whether registered or not), including in other jurisdictions that grant similar rights.

 

2.5 “Party” means the registered user and MoolmanMartin, respectively, as the context requires, and “parties” shall have a corresponding meaning.

 

2.6 “Personal Information” is as defined in the Protection of Personal Information Act 4 of 2013, a law promulgated in the Republic of South Africa.

 

Agreement

3.1 By entering your details on the registration page of the Website, you are considered to have registered on the Website with the intent of receiving information, products and services provided by MoolmanMartin. By registering you are indicating that you have read, understood and agreed to the terms of this Agreement.

 

3.2 On each occasion that you register to purchase a product or service from MoolmanMartin, you enter into a separate Agreement and are agreeing to the terms of this Agreement.

 

3.3 Should any of the content of the Website be in conflict with the content of this Agreement, the content of this Agreement shall prevail.

 

3.4 Anyone making use of the website and the related services, that is under the age of 18 (eighteen) years, is required to obtain their parents’ or legal guardians’ consent to do so prior to registering on the website.

 

3.5 As part of the procedures relating products or services from this Website, additional terms may be specified as part of the nature of product or service delivery. [for example; course commencement and end dates, or assignment submission dates]. The content of these additional terms are considered addenda to this Agreement.

 

3.6 This Agreement is governed by the laws of the Republic of South Africa. In the event of any dispute arising from the Agreement, you consent to the jurisdiction of the Western Cape. 

 

Registration

4.1 You are required to register for information, products and services using the MoolmanMartin Website and you may not register for information, products and services without first accepting the terms of this Agreement.

 

4.1.1 By exception, you may enter into an equivalent agreement with a MoolmanMartin Business Partner to gain access to the information, products and services provided by the Website. MoolmanMartin may, at its sole discretion, agree to provide information, products and services on this basis.

 

4.2 The name you provide when registering, and thus entering into this Agreement, must be identical to the name contained in an authentic identity document, birth certificate or passport used to identify you as a legal person. MoolmanMartin reserve the right to seek assurance of your identity to authenticate the same.

 

4.3 MoolmanMartin will register you for access to the information, products and services offered on the Website provided it is satisfied that:

 

4.3.1 you have read and agreed to the Conditions of this Agreement; and

 

4.3.2 you have met any additional access conditions, when applicable to the specific information, product and service you seek to purchase; and

 

4.3.3 you have not been, at the sole discretion of MoolmanMartin, prohibited from receiving any information, products and services; and

 

4.3.4 you have paid the applicable fee.

 

4.4 Any information of whatsoever nature, provided when registering for information, products and services shall be accurate, complete and true.

 

4.5 Before purchasing information, a product and/or service offered by MoolmanMartin, you are first required to satisfy yourself that the information, product and service is relevant, suitable for your needs and that you are suitably competent to receive the information, product and service. For this purpose, a synopsis or product descriptor has been created for each of the products and services offered.

 

4.5.1 Should you in any way be unsure of your suitability to take a product/service or, should you be unsure of the suitability of the product/service to meet your requirements, you are first required to clarify these matters prior to purchasing any product/service.

 

4.5.2 Should you in any way be unsure of the suitability or appropriateness of a product or service to meet your requirements, you are first required to clarify these matters prior to purchasing the product or service.

 

4.6 Whilst, for both ethical and competitive reasons, MoolmanMartin strives to provide the best possible quality of product and/or service, both in product characteristics and functionality, as well as service, including descriptions, are provided without any kind of guarantee, unless expressly provided for in the offer and product or service description.

 

4.6.1MoolmanMartin will make every effort to display images or provide descriptors that are accurate and clearly describe or portray the product or service. MoolmanMartin cannot guarantee that the user’s computer monitor will display the image in the same colour and proportions as the actual product.

 

4.6.2 MoolmanMartin reserves the right to limit the sale of product or service to any user, geography or jurisdiction. MoolmanMartin reserves the right to exercise these limitations on a case-by-case basis. MoolmanMartin may limit quantities of products or services without notice or providing reason. All product or service descriptors may be amended at anytime without notice, at the sole discretion of MoolmanMartin. Any product or service may be discontinued at any time.

 

4.7 Should the Consumer Protection Act (Act 68 of 2008) be applicable to this Agreement, the user’s rights under sections 54, 55, and 56 of the Consumer Protection Act shall not be interpreted to be excluded, and are admitted only to the minimum possible extent. The user will have no rights in respect of quality of service, safe and good quality goods or implied warranty of quality beyond those explicitly stated in this Agreement or the aforementioned or subsequent sections.

 

Change

MoolmanMartin will continually endeavour to provide a client with value for money. Consequently, MoolmanMartin’s suppliers may be changed without notice. MoolmanMartin reserve the right to amend  products, services and related prices without notice.

 

MoolmanMartin reserve the right to change or discontinue, at any time, the information, products and services, or any part thereof, without notice.

 

MoolmanMartin shall not be liable for direct or indirect consequence for any change, including fees and price changes, suspension or discontinuance of information, products and services.

 

The current version of these terms and conditions may be viewed on this page at any time.

 

MoolmanMartin reserves the right to update, change or replace any part of these terms and conditions by posting the changes and updates to the MoolmanMartin website. It is the sole responsibility of the user of these services to periodically appraise themselves of any amended terms and conditions that may be made from time to time.

 

Plagiarism

5.1 MoolmanMartin considers plagiarism to be the use of another’s work without crediting the original author or source of work. This may include another’s words, sentences, concepts and theories.

 

10.2 Plagiarism is a direct contravention of this Agreement and you must therefore refrain from this type of dishonest conduct. You are entirely and solely responsible for producing work submitted for assessment and will be held accountable for any act of plagiarism.

 

10.3 If you are suspected of plagiarism you will be notified in writing and will be offered the opportunity to respond by way of written explanation. When found guilty of plagiarism, MoolmanMartin at its sole discretion may sanction you by way of the following:

 

remove you from the course without compensation and without certification of any sort;

allocate zero for the outcome of the assessment, which will affect the final mark achieved for the course;

provide you with an opportunity to resubmit the assignment.

Complaints and appeals

6.1 Complaints or appeals may be submitted to a managing Director or representative of MoolmanMartin. Such submissions shall be in writing, addressed to the contact details displayed on the contact page of the Website.

 

11.2 Complaints and appeals will be fully investigated and will receive written response.

 

11.3 You are required to include your registration details in the content of the written submission, along with the associated description of the matter.

 

Right to cancel registration and account

7.1 MoolmanMartin has the right to cancel your registration and account at any time if:

 

7.1.1 it is established that information provided by you is untrue or misleading;

 

7.1.2 you contravene any of the conditions set out in this Agreement;

 

7.1.3 work you submit as your own is found to be wholly or partly plagiarised.

 

7.2 Please note that we may also seek prosecution if you have supplied fraudulent information.

 

Account or Subscription cancellation

8.1 If you decide to withdraw from a selected subscription before you have completed your registration, you are required to make the changes before you access the account and/or subscription.

 

8.2 You have the right to cancel your registration without giving any reason, at any time, provided you have not yet accessed or used any of the services within the subscription and you will receive a full refund of any fees you have paid for that subscription.

 

8.3 The procedure for cancellation is to contact a representative of MoolmanMartin by email or telephone.

 

8.4 Your right to cancel this Agreement shall cease as soon as you have accessed the subscription.  By accessing the subscription and proceed with any delivery, you explicitly agree to the abandonment of your right to cancel this Agreement.

 

13.5 Should you cancel a subscription for which you have registered, your access to said services shall immediately cease.

 

13.6 MoolmanMartin reserves the right to postpone a subscription by a maximum of six months, for reasons of a lack of demand, without refund. No interest shall accrue to fees paid.

 

13.7 MoolmanMartin reserves the right to cancel a subscription, a full refund shall be provided without any accrued interest on fees paid.

 

Exceptional circumstances

14.1 In exceptional circumstances, performance against obligations defined by the conditions of this Agreement may be delayed or abandoned due to any cause that is beyond either party’s reasonable control. Including but without limitation to the following: fire, flood, natural physical disaster, pandemic, terrorist acts, sabotage, industrial disputes, civil unrest, war or threat of war, and failure of electrical supply.

 

14.2 In exceptional circumstances the parties may come to an agreed resolution. Alternatively, the affected party may declare a dispute by submitting written notice to the offending party, within 7 days of an incident considered, in their opinion, to be an exceptional circumstance. Such notice shall be subject to the provisions of this Agreement and handled according to the provisions of Dispute Resolution.

 

Errors and omissions

MoolmanMartin reserves the right to correct inaccurate, information errors or omissions including but not limited to typographical errors, product descriptions, pricing, courier charges, durations, transit duration and availability, without notice. Correction of errors and omissions may be made at any time without prior notice, including after the placement of an order.

 

Disclaimer

MoolmanMartin does not guarantee or warrant that the service provided by the website will be without interruption, that it is secure or error-free.

 

Results provided by the MoolmanMartin website and its related products and services are not warranted to be accurate or reliable.

 

By using this website the user agrees that the service may, from time to time, be removed for indefinite periods of time and the service may be cancelled at any time without notice to the user.

 

By using the MoolmanMartin website, in terms of this agreement, the user expressly agrees that the user’s use of or inability to use the service is at the sole risk of the user. The service and all products and services delivered to the user through the service are (except as expressly stated by MoolmanMartin) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

Dispute resolution

17.1 Any dispute arising out of or in connection with: the interpretation of; the effect of; the implementation of; you and MoolmanMartin’s respective rights and obligations under; a breach of; any matter arising out of or in connection with, or the rectification of this Agreement and which has not been resolved as provided for elsewhere in this Agreement, shall be decided by arbitration in the manner set out in this clause.

 

17.1.1 Such arbitration shall be held subject to the provisions of this clause: at a location located within the Republic of South Africa, informally on such rules as to procedure set by the arbitrator but otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended, and confidentially;

 

17.1.2 It being the intention that, if possible, the arbitration shall be held and concluded within 21 business days after it has been demanded.

 

17.2 If the parties cannot agree upon an arbitrator, the President for the time being of the Western Cape Law Society, shall be approached by either party to decide upon the appointment of a suitable arbitrator, bearing in mind the nature of the dispute, which decision shall be final and binding upon the parties.

 

17.3 The parties irrevocably agree that any decision in such arbitration proceedings:

 

shall be binding on them;

shall be carried into effect;

may be made an order of any court of competent jurisdiction;

shall include such order as to costs as the arbitrator deem fit.

17.4 If MoolmanMartin institutes any legal proceedings against you to enforce any of its rights under this agreement it shall be entitled to recover from you all the legal costs it incurs to its own attorneys in accordance with their then usual charges and assessed as between attorney and own client.

 

Operation of Profile

18.1 When purchasing products and/or registering to take a course, you will be required to set up a user profile. If you have previously purchased products or services and already have a Profile, you will use your existing Profile for the new purchase.

 

By registering your personal details:

you agree that the user name and password is for your use only and that these details may not be shared with any third party;

you agree to immediately, on learning of any unauthorised use of your profile details, notify MoolmanMartin of such an event;

you agree to fully cooperate in any investigation launched into the event of the misuse of a user profile;

you acknowledge that you are responsible to maintain your profile and all related information, including the protection of confidentiality of this information;

you agree never to access the Website using another user’s name and password;

you agree never to perform work on behalf of another user, thus impersonating that user;

18.2 In the event that you forget your password or user name, MoolmanMartin may take steps, considered in its sole opinion as secure steps, to ensure access to your profile is regained.

 

18.3 In the event that, for whatsoever reason, you are suspended from taking part in a course, MoolmanMartin may suspend access to your profile.

 

18.4 If there is a dispute whereby more than one user claims the right to use a profile, MoolmanMartin has the right to prevent access to the profile until the dispute is resolved.

 

Your personal information

19.1 In order for you to purchase products or services on the MoolmanMartin website you are required to disclose information of a personal nature that may include your user name and password, name, surname, identity number, date of birth, postal and residential address, email address, internet protocol address and telephone numbers. By providing this type of information when registering to make a purchase, you consent to this information being used and processed, along with information supporting your participation in training courses.

 

19.2 MoolmanMartin may use the information you provide to process your registration, to communicate with you and to provide products and services, it is therefore critical that this information is correct and maintained by you when your circumstance and associated personal information changes.

 

19.3 MoolmanMartin commits to never, in any way provide, disclose or sell personal information to a third party that is not affiliated with MoolmanMartin and shall only provide such affiliates, including content providers, information that is necessary for the discharge of their duties that support the provision of MoolmanMartin services.

 

19.4 MoolmanMartin retains the right to use your private information in the discharge of its duties in law and in support of the services provided to you. This may include its efforts to improve the functionality of the Website, improve the services it offers to the market, and protect its rights in legal matters.

 

19.5 MoolmanMartin will use your personal information to communicate with you regarding course and administrative information and customer services relating to the course for which you have registered.

 

19.6 MoolmanMartin reserve the right to disclose your Personal Information if required by a court of law to do so.

 

19.7 MoolmanMartin may use your personal information to communicate newsletters, notices and marketing material to the email address provided by you during registration, or as amended from time to time. You may unsubscribe from such communication by selecting the ‘unsubscribe’ link displayed on the related email.

 

NOTE: This clause is to be read in conjunction with the Privacy Policy displayed on the MoolmanMartin website.

 

Content and delivery

20.1 MoolmanMartin makes use of courier services to distribute some of its products. Delivery times may vary depending on product type and availability however, delivery estimates vary between 2 and 7 days from the time of placing an order.

 

Governing Law and Jurisdiction

21.1 This Agreement shall be governed by the laws of the Republic of South Africa, and you consent to the jurisdiction of the Western Cape in the event of any dispute arising from this Agreement. If any of the provisions of this Agreement are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of the Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between you and MoolmanMartin with regard to the use of the website, registration and the purchase of services.