AAA School Of Advertising

Terms and Conditions

AAA School of Advertising (AAA) provides the AAA website subject to the user’s compliance with the terms and conditions stated below. Please read this before accessing the AAA site. By accessing this site, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the AAA site.

1. Rules

While visiting the AAA site, you may not:

  • Post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the site or the Internet.
  • Post or transmit any information or software, which contains a virus, Trojan horse, worm or other harmful or disruptive component.
  • Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or right holder.

 

2. Monitoring

AAA has no obligation to monitor the site. However, you agree that AAA has the right to monitor the site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the site properly, or to protect itself or its subscribers. The school will not intentionally monitor or disclose any private electronic-mail message unless required by law. The school reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

3. Privacy

AAA cannot ensure or guarantee privacy for users of the site. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, the school and its affiliates, suppliers and related companies shall be relieved of all liability in connection therewith.

4. Buying over the Internet

When making purchases or conducting other transactions through the site or the Internet, you may be asked by the Merchant or Information or Service Provider, to supply certain information, including credit card or other payment mechanisms. You agree that all information you provide any Merchant or Information or Service Provider through the site will be accurate and complete. You agree to pay all charges incurred by you or other users of your account or credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on the site. The school is in no way responsible for any charges you or any user of your account incurs when making purchases or other transactions in this manner.

5. Limitation of Liability

AAA takes no responsibility for the accuracy or validity of any claims or statements contained in the documents and related graphics on the site. Further, the school makes no representations about the suitability of any of the information contained in documents and related graphics on the site for any purpose. All such documents and related graphics are provided without warranty of any kind. In no event shall the school or its suppliers or affiliates be liable for any damages whatsoever, including special, indirect or consequential damages, arising out of or in connection with the use of information available on the site.

6. Recourse

If you are dissatisfied with the site or with any terms, conditions, rules, policies, guidelines, or practices of AAA School of Advertising in operating the site, your sole and exclusive remedy is to discontinue using the site.

7. Confidential Information

You authorise AAA to collect from any party and to retain all relevant information relating to your use of the site, and you hereby authorise any party to provide us with such information.

8. Indemnity

You agree to defend, indemnify and hold AAA and its affiliates, suppliers and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the site or the Internet or the placement or transmission of any message, information, software or other materials on the site or on the Internet by you or users of your account.

9. Trademarks

AAA and other trademarks, logos and icons identifying the school and its products and services referenced herein are trademarks or registered trademarks of AAA. All other product and/or brand or company names mentioned herein are the trademarks of their respective owners.

10. Miscellaneous

This Agreement, including any and all documents referenced herein, constitute the entire agreement between AAA and the user pertaining to the subject matter hereof. AAA’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the prevailing laws of South Africa.

11. Detailed description of goods and/or services

The AAA School of Advertising (Pty) Ltd is a business in the education industry that operates Higher Education, Technical, Vocational & Further Education Training, Distance Learning and Short Learning Programmes.

12. Payment policy

Subject to availability and receipt of payment, payments will be processed within 7 days and the student account will be updated accordingly.

13. Return and Refunds policy

The provision of goods and services by The AAA School of Advertising (Pty) Ltd is subject to availability. In cases of unavailability, The AAA School of Advertising (Pty) Ltd will refund the client in full within 30 days.

14. Customer Privacy policy

The AAA School of Advertising (Pty) Ltd shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .

15. Payment options accepted

Payment may be made via Visa and MasterCard.

16. Card acquiring and security

Card transactions will be acquired for The AAA School of Advertising (Pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

17.Customer details separate from card details

Customer details will be stored by The AAA School of Advertising (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

18. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

19. Responsibility

The AAA School of Advertising (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

20. Country of domicile

This website is governed by the laws of South Africa and AAA School of Advertising Pty Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, AAA House, The Braes Office Park, 193 Bryanston Dr, Bryanston, 2021.

21. Variation

The AAA School of Advertising (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

22. Company information

This website is run by The AAA School of Advertising (Pty) Ltd based in South Africa trading as The AAA School of Advertising and with registration number 1990/000371/07.

23.  The AAA School of Advertising (Pty) Ltd

AAA House, The Braes Office Park, Cnr Bryanston Drive and, William Nicol Drive, Bryanston, 2021

Email: info@aaaschool.ac.za

Telephone: (011) 781 2771/2/3

TERMS AND CONDITIONS OF POPI
AAA SCHOOL OF ADVERTISING

Overview of the Protection of Personal Information Act 4 of 2013 POPIA is the comprehensive data protection legislation enacted in South Africa. It aims to give effect to the constitutional right to privacy, whilst balancing it against competing rights and interests, particularly the right of access to information. POPIA was signed into law on 19 November 2013 and has come into force incrementally.13 Section 114 of POPIA, which came into force on 1 July 2020, requires compliance with POPIA within one year from the date of its commencement. Accordingly, all responsible parties will be required to have compliance measures in place by 30 June 2021. POPIA sets out the conditions for the lawful processing of personal information and establishes the Information Regulator – an independent body which is empowered to monitor and enforce compliance by public and private bodies with PAIA and POPIA. It further notes the penalties for non-compliance and empowers the Information Regulator to draft Regulations.

1. DEFINITIONS

1.1. In this Agreement, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:

1.1.1. “Agreement” means this Agreement and any modifications and or alterations made from time to time;

1.1.2. “The Company” means AAA School of Advertising (Pty) Ltd duly registered and incorporated in accordance with the Companies Act;

1.1.3. “Company’s Network” means the colleges, universities, bursary companies, career assessment companies, gap year opportunities and overseas university agents and management companies that the Company works with or in association with and the details of which are accessible on the Company’s website;

1.1.4. “Confidential Information” means any information of a confidential and/or commercially sensitive nature, howsoever obtained or received and whether or not marked confidential including any technical and/or commercial, processes, marketing and business information, customer and/or any other information or material of whatever description or nature proprietary to a party, whether in written, oral, magnetic or machine- readable or other information;

1.1.5. “Data Subject” means any individual or person who can be identified, directly or indirectly via an identifier such as but not limited to a name, an ID number, location data or via factors specific to a person’s physical, physiological, cultural or social identity;

1.1.6. “Opportunities” means all potential opportunities available from time to time within the Company’s Network for the purpose of educational advancement;

1.1.7. “Parties” means the parties to this Agreement and “Party” means any one of them;

1.1.8. “Personal Information” has the meaning ascribed to such term in the POPI Act;

1.1.9. “POPI Act” means the Protection of Personal Information Act 4 of 2013, as amended from time to time;

1.1.10. “Process” means any operation or activity whether automated or not concerning Personal Information including collection, receipt, recording, organisation, collation, storage, updating, modification, retrieval, alteration, consultation, use, dissemination (whether by means of transmission, distribution or making available in any form), merging, linking, blocking, degradation, erasure or destruction and “Processing” as well as “Process” shall be construed accordingly.

2. PROCESSING OF PERSONAL INFORMATION

2.1. The Company has a legal duty to process a Data Subject’s Personal Information (in this case being your personal information and related details) in a lawful, legitimate and responsible manner. In order to discharge this duty, the Company requires your express and informed permission to process your Personal Information;

2.2. The reason why the Company requires your Personal Information is to enable the Company to:

2.2.1. Contact you and inform you on the various academic qualifications and short courses they have for the advancement of your tertiary education and skills, make your information available for future use for searching and matching to said desired opportunities with the intention of furthering and advancing your specific skills and abilities. In the case where you become a registered student and graduate, as an alumni of the school, your details will be kept on record for the school to keep you abreast of all the Company news and also act on your behalf for the confirmation of your qualifications as prescribed within the SAQA rules.

2.2.2. Notify you of the Company’s various mediums, platforms and/or opportunities subject always to your right at any time to opt out of such communication;

2.2.3. The Company may use your Personal Information, with your consent, to inter alia, facilitate dealings and/or potential interactions within the Company’s Network;

2.2.4. By providing the Company with your Personal Information, you and/or your legal guardian (as the case may be) expressly consent to the Company processing your personal information for the above legitimate and business- related purposes.

2.3. As a registered student or an alumni, all Personal Information which you provide to the Company will only be used for the purposes for which it is collected. Consequences of withholding consent or Personal Information, should you refuse to provide the Company with the required consent and/ or information, the Company will be unable to assist you or connect you with the Company’s Network in the case of internships for WIL or when recruiters contact the Company seeking students or alumni for employment opportunities and so forth

2.4. The Company’s Network shall comply with the security and information protection obligations equivalent to those imposed on them in terms of POPI and other applicable data protection legislation, and failing such legislation, they shall take, implement and maintain all such technical and organisational security procedures and measures necessary or appropriate to preserve the security and confidentiality of the Personal Information in its possession and to protect such Personal Information against unauthorised or unlawful disclosure, access or processing, accidental loss, destruction or damage;

2.5. Storage and retention of Personal Information which you provide to the Company will be held and/ or stored securely for the purpose of your educational advancement and on record as an alumni of the school to be kept abreast of all Company news in the future in a case where you become a registered student. Your Personal Information will be stored electronically in a database, for purposes of widening your educational opportunities;

2.6. Your Personal Information will be accessible to the Company’s Network. Where appropriate, some information may be retained in hard copy. In either event, storage will be secure and audited regularly regarding the safety and the security of the information. Where data is stored electronically outside the borders of South Africa, such is done only in countries that have similar privacy laws to our own or where such facilities are bound contractually to no lesser regulations than those imposed by POPI;

2.7. Once the Personal Information is no longer required, due to the fact that you no longer need the Company as your choice of school upon admission or you did not meet the required admission standards, such Personal Information will be permanently destroyed;

2.8. In terms of S11 (3) of the POPI, you have the right to object in the prescribed manner to the Company processing your Personal Information. On receipt of your objection the Company will place a hold on any further processing until the cause of the objection has been resolved;

2.9. POPI requires that all your Personal Information and related details supplied, are complete, accurate and up to date. Whilst the Company will always use its best endeavours to ensure that your Personal Information is reliable, it will be your responsibility to advise the Company of any changes to your Personal Information, as and when these may occur;

2.10. Your Personal Information will be stored electronically in a centralised database for purposes relating to the Department of Education, Council of Higher Education and SAQA, UMALUSI including all other educational bodies that work closely with the Company form a regulatory perspective and will be accessible within the Company’s Network. The Company will bind the participants within its Network to the Company’s privacy policies as far as they may be required to have access to your Personal Information for purposes of evaluations and confirmations of your academic records;

2.11. Our website may contain links to or from other sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, the security or privacy practices employed by other sites. We recommend that you always read the privacy and security statements on such sites;

2.12. In the event of any loss or damage to your Data, your sole and exclusive remedy shall be for the Company to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by the Company in accordance with the archiving procedure. The Company shall not be responsible for any loss, destruction, alteration or disclosure of Data caused by any third party;

2.13. You, as the Data Subject, have the right at any time, to ask the Company for access to your Personal Information. The Company shall provide you with:

2.13.1. The details of any of your Personal Information which the Company holds on your behalf;

2.13.2. The details as to what the Company has done with that Personal Information;

2.14. Any complaints you may have against the Company in relation to the processing of your Personal Information may be addressed to the Company’s registrars at info@aaaschool.ac.za

3. CONSENT TO DIRECT MARKETING, ADVERTISING AND PROMOTIONAL ACTIVITIES OF THE COMPANY.

3.1. You currently consent and agree that the Company may use your Personal Information for the marketing and/ or promotion of its services within the Company’s Network;

3.2. If at any time you wish to revoke your consent you are free to do so and are to direct this request to the Company at info@aaaschool.ac.za

4. DECLARATION OF ACCURACY

4.1. You declare that all Personal Information supplied to the Company for the present purposes is accurate, up-to-date, is not misleading and it is complete in all respects;

4.2. I undertake to immediately advise the Company of any changes to my Personal Information should any of these details change. I furthermore give the Company permission to process my Personal Information, as provided above, and acknowledge that I understand the purposes for which it is required and for which it will be used.

5. RIGHT TO CHANGE, MODIFY, ADD TO OR REMOVE

5.1. The Company reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time;

5.2. Changes to these terms and conditions will become effective upon such changes being posted to the Company’s website (www.aaaschool.ac.za) and it is your obligation to periodically check these terms and conditions at the link provided on the Company’s website;

5.3. Following the posting of changes or updates, you will be deemed to have received notice thereof and automatically accept and abide and be bound by these terms and conditions, including such changes and updates.

6. ADVICE AND WARRANTIES

6.1. The Information provided on web portals including, but not limited to, newsletters, articles, opinions and views, is provided for educational or information purposes only. It is not intended to provide legal and or general advice and should not be relied upon in that respect. You should not act or rely on any information without seeking the advice of a professional;

6.2. The Company is not responsible for any content or information that you may find undesirable or objectionable.

7. LIMITATION OF LIABILITY

7.1. The Company will not be responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of web portals or in reliance on the information available on web portals, including but not limited to, any loss of use, lost data, personal injury, or any other pecuniary loss, whether the action is in contract, delict (including negligence) or other delictual action;

7.2. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the web portals or the information, content, materials or products included on the web portals. You should not assume that the Company or related web portals will be error-free or that the Company or web portals will operate without interruption;

7.3. The Company does not warrant that its server or e-mails sent from it, are free of viruses or other harmful code.

8. CONFIDENTIAL INFORMATION

8.1.The Company hereby acknowledges that by virtue of its position in terms of this Agreement, the Company will have access to certain Confidential Information. The Company hereby undertakes:

8.1.1. to treat and safeguard the Confidential Information as strictly private, secret and confidential;

8.1.2. except as permitted by this Agreement, not at any time to disclose to any third party outside the Company’s Network any Confidential Information acquired by it;

8.1.3. to make use of the Confidential Information acquired by it during the course and term of its appointment solely for the purposes of carrying out its duties and obligations under this Agreement and for no other purposes whatsoever;

8.1.4. Except as permitted by this Agreement, not to disclose or divulge, directly or indirectly, the Confidential Information in any manner to any third party for any reason or purpose whatsoever without the prior written consent of the Client, which consent may be granted or withheld in the sole and absolute discretion of the Client.

9. APPLICABLE LAW AND JURISDICTION

9.1. The laws of the Republic of South Africa shall govern this agreement notwithstanding your domicile, residence or physical location. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa in any action or proceeding instituted under or related to this agreement.

10. GENERAL

10.1. These terms constitute the sole record of the agreement between the parties in relation to the subject matter hereof. No Party shall be bound by any express, tacit or implied term, representation, warranty, promise or the like not recorded herein. These terms supersede and replace all prior commitments, undertakings or representations, whether oral or written, between the parties in respect of the subject matter hereof;

10.2. No addition to, variation, novation or agreed cancellation of any provision of this Agreement shall be binding upon the parties unless reduced to writing and signed by or on behalf of the Parties;

10.3. No indulgence or extension of time which any party may grant to any other shall constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event and to the extent that the grantor has signed a written document expressly waiving or limiting such right.