Terms and Conditions | College Of CST

CCSTSA Website Terms and Conditions of Use

INTRODUCTION
1. These are the Terms and Conditions of Use relating to the College of Cranio-Sacral Therapy of South Africa (“CCSTSA”) Website (“Website”).
2. These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) any kind of use of the Website and the Services associated therewith.
  1. If the User elects to enrol with the CCSTSA, such enrolment will be subject to payment of the Fees as set out on the Website and the enrolment conditions set out below, the User will then also constitute a “Learner”. However the provisions of these terms and conditions will apply to all Users of the website, as applicable, whether they are enrolled as a “Learner” or not.
3. By accessing and using, and in particular indicating your acceptance of the terms by clicking on the “I accept these terms” button as provided for on the Website, the User agrees to be bound by the Terms and Conditions set out herein. The content of the Website is proprietary to the CCSTSA and / or otherwise utilized in terms of a written license agreement entered into between the CCSTSA and the proprietor of such content. As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for any purposes other than as provided for in these Terms and Conditions without the prior consent of CCSTSA.
4. In terms of section 49 of the Consumer Protection Act, 2008 the User’s attention is drawn to the provisions of clauses 3, 7,8,11,13 and which:
  1. limit in any way the risk or liability of CCSTSA or any other person;
  2. constitute an assumption of risk or liability by the User;
  3. impose an obligation on the User to indemnify CCSTSA or any other person for any cause; or
  4. constitute an acknowledgement of any fact by the User.
DEFINITIONS
1. The headnotes to the clauses of these Terms and Conditions are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms and Conditions nor any clause hereof.
2. Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
  1. “Business Day” shall mean any day other than a Saturday, Sunday or a public holiday in South Africa;
  2. “the Course” shall mean the two year diploma course in Cranio-Sacral Therapy as offered by the CCSTSA, with the curriculum as set out on the Website, including but not limited to information, content, tools or materials and online communications in any other format and through any other online medium, which may include social media applications (“Associated Online Platform”) ;
  3. “Data Protection Legislation” shall mean the POPI, ECTA, and PAIA;
  4. “Device” shall mean the device used by the User to use the Services provided by CCSTSA, such as a laptop, smart phone or tablet or similar device;
  5. “ECTA” means The Electronic Communications and Transactions Act of 2002;
  6. “Effective Date” shall mean the date upon which a User accepts these Terms and Conditions and uses the Services provided by CCSTSA;
  7. “Fees” shall mean the cost of the Services as set out on the Website and payable through the nominated payment gateway, from time to time.
  8. “HPCSA” means the Health Professions Council of South Africa;
  9. “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on, through or by the Website, including, without limitation, all the coursework material, any patents, designs, inventions, trademarks, service marks, domain names and URL’s, sales and user data, databases, trade secrets, methods and know-how, as well as copyright, including, without limitation, all copyright in any logos, devices, designs, multimedia works, software (including both source and object code and any programmers’ or developers’ notes, flow charts, memoranda and design documents), as well as any goodwill and rights of reputation attaching to any of the above;
  10. “Learner” shall mean the User of the Website in the event that they enrol for the Course;
  11. “Parties” shall mean CCSTSA and the User and “Party” shall, as the context requires, be a reference to any one of them;
  12. “Personal Information” shall have the meaning ascribed to it in terms of Section 1 of POPI;
  13. “POPI” means the Protection of Personal Information Act, 4 of 2013;
  14. “Processing” shall have the meaning ascribed to it in terms of Section 1 of the Protection of Personal Information Act, 4 of 2013 and the term “Process” shall, as the context requires, have the corresponding meaning;
  15. “Provider” shall mean CCSTSA;
  16. “Services” shall mean the Course as provided by CCSTSA through, or by means of, the Website, including, but not limited to the provision of an online course together with course materials which may include downloadable materials in video or audio format and further interactive sessions on any online media, as is deemed appropriate by the CCSTSA from time to time (the “Online Content and Course materials”);
  17. “Term” shall mean the duration of the Course, being 24 (twenty four) months and a period of 6 (six) months thereafter;
  18. “Terms and Conditions” shall mean the terms and conditions set out in this document;
  19. “Trademarks” shall mean all registered and unregistered trademarks, trade names, symbols, signs, insignia, emblems, logos and slogans utilised by CCSTSA in facilitating the User’s use of the Services, as well as on the Website;
  20. “User” shall mean the user of the Website, who may be a visitor to the Website but who may also be the learner if they enrol for the Course with the CCSTSA through or by means of the Website and in terms of these Terms and Conditions; and
  21. “Website” shall mean the multi-device site, whether in a web-based format or device-native format, to which these Terms and Conditions are linked and through which the User uses the Services.
3. Unless inconsistent with the context or save where the contrary is expressly indicated:
  1. if any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it appears only in this clause, effect shall be given to it as if it were a substantive provision of these Terms and Conditions;
  2. any reference in these Terms and Conditions to an enactment is to that enactment as at the Effective Date and as amended or re-enacted from time to time; and
  3. any reference in these Terms and Conditions to these Terms and Conditions or any other terms and conditions or document shall be construed as a reference to these Terms and Conditions or, as the case may be, such other terms and conditions or document as same may have been, or may from time to time be, amended, varied novated or supplemented.
  4. Unless inconsistent with the context, an expression which denotes:
  5. any one gender includes the other genders; and
  6. the singular includes the plural and vice versa.
4. Where any term is defined within the context of any particular clause in these Terms and Conditions, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms and Conditions, notwithstanding that that term has not been defined in this clause.
5. The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
THE COURSE AND CONDITIONS OF ENROLMENT
1. The Learner acknowledges and agrees that in addition to registration and payment of the Fees, there are additional obligations and prerequisites which apply to enrolment in the Course.
2. These include a practical training component required to complete and fulfil the requirements of the Course. In order to complete same, the Learner agrees that it will ensure that it has regard to the following requirements which may change from time to time, on prior notice, to the User:
  1. the minimum physical equipment as set out in part 1 of schedule “A”; and
  2. the use of a practice patient, who meets the criteria as set out in part 2 of schedule “A”; and
  3. the availability of the Learner to attend a final, in person examination, at the premises of the CCSTSA, situated in Gauteng, South Africa.
3. In addition, the Learner further acknowledges and agrees that for the duration of the Course they:
  1. will not receive any payment, in cash or through any other means, for any training practices or for any cranio-sacral treatments provided or associated with the completion of this Course; and
  2. will, at all material times, during the Course disclose to the practice patient that they are a learner and not yet qualified.
4. The Learner warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions. Where the Learner is a minor, they have obtained consent from their guardian to use the Website and enrol in the Course, if applicable.
PAYMENT
1. Enrolment for the Course with the CCSTS is contingent upon full payment being made through the nominated payment gateway on the Website.
2. Access will then be granted to the course, in accordance with the terms and conditions set out herein.
3. No refunds will be granted once payment has been received and any part of the Course content disseminated to the Learner.
ELECTRONIC COMMUNICATIONS
1. By using the Website or communicating with the CCSTSA by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon transmission by e-mail to the e-mail address provided by the User and it constitutes proper notice to the User.
PERSONAL INFORMATION
1. At all times the CCSTSA will take all reasonable steps to comply with and process data in accordance with Data Protection Legislation in accordance with its privacy policy, which can be accessed ont this website..
2. The User shall make available and consents to the processing of, amongst others, the following types of personal information by the CCSTSA: e-mail address; name and surname; identity number; physical address; telephone number (“the Personal Information”);
3. The User agrees that CCSTSA may process the User’s Personal Information for all purposes that relate to the Website and the Services offered through the Website.
4. The User does have the right to object to the processing of their Personal Information and it is voluntary to accept these Terms and Conditions. However, CCSTSA does require the User’s acceptance to enable the User to use the Website, and to provide the Services and the Course.
5. Personal Information will be processed by CCSTSA, pursuant to and for the purposes as set forth in CCSTSA’s Privacy Policy, which may include, but not be limited to the following purposes:
  1. verifying the identity of the User;
  2. transmitting and receiving necessary correspondence to the User in relation to the Services;
  3. facilitating delivery of the Services by means of the Website;
  4. generally rendering the Services;
  5. processing payments, refunds and the like in respect of any of the Services, services accessed, used or purchased by the User through, or by means of the Website;
  6. transmitting marketing material to the User in respect of the Services made available by the CCSTSA;
  7. to monitor and analyse the User’s conduct in respect of the Services;
  8. for compliance and risk purposes; to analyse the Personal Information collected for research and statistical purposes;
  9. to aggregate and/or de-identify the User’s Personal Information after analysing it for statistical purposes.
6. The User’s Personal Information shall be retained in the strictest confidence by the CCSTSA and will only be processed in accordance with the CCSTSA’s Privacy Policy to which these Terms and Conditions relate.
7. The User expressly agrees and acknowledges that any failure by the User to submit the requisite Personal Information may render the CCSTSA unable to deliver the Services and should this arise, the User hereby indemnifies and holds the CCSTSA harmless against any loss or damage which the User may suffer as a result of the CCSTSA’s inability to render or deliver the Services.
8. The User acknowledges that through the use of the Website or the Services, which may include completing online application forms or contacting the CCSTSA electronically, the CCSTSA will in effect be processing the User’s Personal Information.
UPDATING OF THESE TERMS AND CONDITIONS
1. The CCSTSA reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
LIMITATION OF LIABILITY
1. The Website and all content on the Website, including any current or future information, content, tools or materials, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The CCSTSA makes no warranty or representation as to the availability, accuracy or completeness of the content. The CCSTSA shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked mobile applications or digital interfaces.
2. Neither the User or any other person shall have any claim against the CCSTSA for any direct, consequential, incidental, indirect or special loss or damages, including, without limitation, business interruption, loss of business information, loss of data or other pecuniary loss, arising from the unavailability of the Services, regardless of whether such claim is based on breach of contract, delict, breach of implied warranties or otherwise and even if the possibility of such loss or damages could have been foreseen or if the CCSTSA was negligent.
3. The CCSTSA therefore does not guarantee that (i) the Website; (ii) the information, content, tools or materials included on the Website; (iii) CCSTSA’s servers; or (iv) that any electronic communications sent by the CCSTSA will be free from viruses or other harmful components. The CCSTSA will not be liable for any damages of any kind arising from any User’s use of the Website, the Services or from any information, content, tools or materials included on or otherwise made available to the User through the Website, including for direct, incidental, punitive and/or consequential damages.
4. Although the CCSTSA is committed to providing Users with the best possible Service, the CCSTSA shall not be responsible for:
  1. any of the events described in this clause 8;
  2. any actions or omissions by the User that result in a breach of the provisions of these Terms and Conditions;
  3. any links to other websites, mobile applications or digital interfaces from the Website;
  4. a denial of access to the Website or the Services, should CCSTSA believe or have reason to believe that the User is conducting activities that are illegal, abusive, would attack the integrity of the Website or put the CCSTSA in disrepute; or
  5. The User’s reliance on any of the Services, information, content, tools or materials that the User obtains or gains access to from the Website.
5. The User expressly acknowledges and agrees that any information included on the Website or provided through the User’s use of the Services, should not to be regarded as either medical advice or a medical product in terms of the South African Health Products Regulatory Authority (“SAHPRA”) or HPCSA.
6. The User acknowledges and agrees to the following pertaining to the Services, information, content, tools or materials that are made available to the User through the Website:
7. That the CCSTSA is not a licensed medical provider and is not diagnosing, examining, or treating medical conditions of any kind. The Services provided by CCSTSA through the Website are merely an online educational course in the field of Cranio-Sacral Therapy.
8. The User expressly agrees to indemnify and hold harmless the CCSTSA from any and all liability connected with the User’s use or reliance on the Services, and will not institute action for any claims, actions, injuries, death, damages, or losses associated with such reliance on, or theuse of the Services provided through the Website, which may include but not be limited to bodily injury, mental injury, illness, disease, death of any practice patient, future patient, learner or person.
GOVERNING LAW
1. The Website is controlled, operated and administered by the CCSTSA within the Republic of South Africa.
2. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Gauteng Local Division of the High Court with jurisdiction for purposes of resolving any dispute in connection with the use of this Website. If any of the provisions of these Terms and Conditions 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 these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
3. These Terms and Conditions constitute the entire agreement between the CCSTSA and the User with regard to the use of the Services, information, content, tools and, or materials made available to the User through the Website.
USE OF THE WEBSITE AND THE SERVICES
1. The CCSTSA grants the Learner a limited license to access and make personal use of the Website for the educational purpose for which the content is intended.
2. This license does not include any right of reproduction, broadcast, rental, modification, recreation, resale, distribution, sharing or any use, commercial or otherwise, of this Website or its contents. For the purposes of this clause, any collection and/or use of any listings and/or descriptions; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any person; or any use of data mining, robots, or similar data gathering and extraction tools for any commercial purpose is expressly prohibited unless stated otherwise.
3. It is expressly prohibited to frame or utilise framing techniques to enclose and/or mask any trademark, logo, or other proprietary information (including images, text, page layout, video footage or form) of the CCSTSA and/or its affiliates without its express written consent. It is further expressly prohibited to use any meta tags or any other “hidden text” utilising the CCSTSA’s name or trademarks without the express written consent of the CCSTSA.
4. Any unauthorised use of this Website, its content or applications terminates the permission or license granted by the CCSTSA to the Learner.
5. The Learner may, on successful completion of the Course, be granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the CCSTSA, provided the link does not portray the CCSTSA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner.
6. The User and or Learner may not use any of the CCSTSA’s logo or other proprietary graphic, trademark, or material as part of the link without express written permission from the CCSTSA.
7. The CCSTSA reserves the right to make any changes or modification, as well as discontinue any aspect of the Website, its content and/or the Services offered by or through the Website at any time and without prior notice to the Learner. No such change, suspension, modification or discontinuance shall entitle the Learner to any refund or compensation, or give rise to any liability whatsoever.
8. The User agrees that it will only use the Website in accordance with these Terms and Conditions, including any terms and conditions incorporated herein by reference.
9. The display of content via the Website may differ depending on the Device the User is using to use the Website or access the Services.
10. The User may not post content on the Website or any Associated Online Platform that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language.
11. If the Learner chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, such Learner must keep this information secret and confidential and not allow anyone else to use it. The Learner shall be responsible for all access to the Website with the Learner’s user username and password. When the Learner’s username and password has been used in order to gain access to the Website, the CCSTSA shall be entitled to assume that such use and all related communications emanate from the Learner. The CCSTSA shall not be liable for any loss or damage arising from unauthorised use of the Learner’s Personal Information. The Learner’s shall be obliged to immediately, after becoming aware of any other person’s unauthorised access to the User’s account or profile, log out of the Website to prevent anyone else from using the Website or gaining unauthorised access to the Learner’s account or profile.
12. In the event that the Learner’s becomes aware of a breach of the confidentiality of the Learner’s Personal Information or the interference with the lawful processing of said Learner’s Personal Information, the Learners must immediately communicate this to the CCSTSA in writing. The compromised Learner’s account, profile, access and use of the Website will be deactivated as soon as reasonably possible and a new username and password will be issued to the Learner. The CCSTSA may, at its sole and absolute discretion and for any reason, require the Learner to change its user identity and password at any time.
13. Standard data charges will be levied by the relevant data service provider when the Learner accesses the Website or downloads any part of the Website to its Device.
14. The CCSTSA reserves the right to occasionally restrict the Learner’s access and/or use of the Website and/or Services to carry out repairs, maintenance or to introduce new functionality and content to the Services. The CCSTSA does however endeavour to keep any disruption in the use of the Website to a minimum.
15. Should the User and or Learner engage in any of the aforementioned activities, or breach any of the provisions of these Terms and Conditions, CCSTSA shall be entitled, without prejudice to any other rights it may have and without prior notice to the User and or Learner:
  1. 10.15.1.suspend the User’s and or Learner’s access to and use of the Website and/or the Services; and/or
  2. 10.15.2.terminate this agreement and recover all costs incurred by the CCSTSA, including, but without limitation, legal costs on an attorney and own client basis.
COPYRIGHT
1. All content made available on the Website (for example, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, photographs and where applicable software) belongs to the CCSTSA, whether under a registered Trademark or not, or is alternatively used pursuant to a licensing agreement concluded between the CCSTSA and the third party proprietor of such content.
2. Any unauthorised use, alteration or dissemination of the information or content published on the Website is strictly prohibited.
3. The User expressly acknowledges that no content or information displayed on the Website may be regarded or construed as granting any licence or right to any third party, including the User, to use any intellectual property and or trademark without the CCSTSA’s prior written consent and approval.
4. Although CCSTSA has deployed reasonable technical and organisational measures to protect the information on the Website from time to time, the User acknowledges that the CCSTSA cannot be held responsible for any consequences that may result from the unlawful breach of copyright or unlawful dissemination of information by third parties copying information from the Website.
COMPLIANCE WITH SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002
1. In compliance with section 43 of the Electronic Communications and Transactions Act, 2002, CCSTSA draws your attention to the following information relating to it:
  1. Full name and legal status: The Cranio-Sacral College of South Africa, sole proprietorship;
  2. Physical address and telephone number: 432 A Elgin avenue, Ferndale, Randburg, Gauteng, 2194, South Africa
  3. Website address and e-mail address: https://collegecraniosacraltherapysa.co.za/ admin@collegecraniosacraltherapysa.co.za
  4. Website Owner: Justine Hunt
  5. The physical address where CCSTSA will receive legal service of documents: 432 A Elgin avenue, Ferndale, Randburg, Gauteng, 2194, South Africa
  6. A description of the main characteristics of the Services offered by the CCSTSA: Online learning
  7. The security procedures and Privacy Policy of CCSTSA in respect of processing Personal Information: All Personal Information processed by CCSTSA in accordance with the provisions of CCSTSA’s Privacy Policy available on its website.

SUPPORT

Should you require any support with use of the Website please contact admin@collegecraniosacraltherapysa.co.za

Please download Schedule A.1 and A.2 below.

Templates PDF.pdf