Due to legal and other developments, we may be required to amend these Terms from time to time without notice. It is your duty to familiarise yourself with the current version of these Terms at the time you access or use a Website – the date of last revision will appear at the end of these Terms. Continued use of the Website after any amendments have been affected will constitute your acceptance of these Terms, as amended.
No offer: You should regard nothing contained on this Website as an offer, but as an invitation to view our Website and its content, and to enrol in courses offered.
No warranty: We take reasonable steps to provide accurate information through our Websites, but all information viewed or accessed from this Website is provided on an ‘as is’ basis, without any warranty, whether express or implied, except to the extent otherwise stated in relation to your enrolment for a course or as specifically imposed by law.
Sharing of content: Any content on our Website, which is subject to creative commons license, where indicated as such, may be shared provided that it is given the necessary credit in accordance with the provisions of the creative commons license in force from time to time. All information accessed as a student shall be governed by our Learner Terms and Conditions, as accepted upon enrolment for a course.
Use at own risk: You may only use information on the Website for personal use. Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Website. Any articles, guides or information of any nature provided on this Website is summarised content, and may not be applicable to your particular situation and should therefore not be relied upon solely by you for any purpose.
No warranty on availability: We do not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
THIRD PARTY WEBSITES
Disclaimer of third party website content: This Website may contain hyperlinks to websites owned and/or operated by third parties. We are not responsible for the content of such websites, nor do we accept any liability in connection with such websites (regardless of whether or not a link has been permitted by us). The fact that a website is linked to this Website does not imply that we sponsor, endorse or approve the contents, or that we are affiliated or associated with the entity that owns or is responsible for such third party website.
Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works contained in this Website is owned by us or licensed to us, and we assert and reserve all of our rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
Limited use: The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of this Website on your computer as part of your viewing of the Website only. You must notify us of any copyright infringement at firstname.lastname@example.org
No other use: No other use of this Website or its content is permitted unless you enter into a license agreement with us. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless otherwise expressly stated in these Terms.
If operating in the United States of America, the provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) may apply in terms whereof copyright owners may have recourse in the event of copyrighted material appearing on the Website that infringes the copyright owner’s rights in terms of the DMCA. If this applies to you, you may send a notice to request that the alleged infringing material be removed to email@example.com
LINKING, FRAMING AND CRAWLING
Hyperlinking restricted: Our express written permission is required before any hyperlink other than to the home page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these Terms. Requests for permission can be emailed to firstname.lastname@example.org
Permission: Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.
Framing restricted: Our express written permission, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to email@example.com
Automated searches restricted: Apart from legitimate search engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without our prior written consent.
ACCEPTABLE USE POLICY
Introduction: You agree and acknowledge that you will not use the Website in an unlawful manner or in a manner not approved in terms of these Terms. This Acceptable Use Policy (“AUP”) sets out the parameters within which you must make use of the Website (which, as specified above, shall include access to and use of each of our Learning Management Solution), and in so doing you agree to be bound by this AUP.
Internet use: You may not use our Website to engage in illegal, abusive or irresponsible behaviour, including:
- Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without our express authorisation.
- Monitoring data or traffic on any network or system without our authorisation.
- Interference with service to any user, host or network including, without limitation, sending of or causing the sending of, numerous duplicate automated and/or excessive, similar emails, flooding, deliberate attempts to overload a system and broadcast attacks.
- User of an internet account or computer without our authorisation, including, but not limited to internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning.
- Collection of personal information about third parties without their consent.
- The intentional or negligent dissemination of any malicious code (meaning anything that contains any back door, time bomb, trojan horse, worm, drop dead device, computer virus or other computer software routine or code intended or designed to permit access to or the use of a computer system by an unauthorised third party, or disable, damage, erase, disrupt or impair the normal operation of a computer system).
- Forging of any TCP (Transmission Control Protocol), Internet Protocol packet header or any part of the header information in an email or a newsgroup posting.
- Any activity or conduct that is likely to result in retaliation against us or the Website.
Security: You must take reasonable security precautions. If applicable, your passwords should consist of at least 8 mixed alpha and numeric characters with case variations. You should not permit a common word to be used as a password. You must protect the confidentiality of your password, not share it with any other person, and you should change your password regularly.
Unsolicited emails: You may not send any unsolicited email, whether of a commercial or non-commercial nature, to any person who has indicated that he does not wish to receive it.
Other networks: You must comply with the rules of any other network you access or participate in using the Website.
Offensive content: Content “published or transmitted” via the Website includes web content, email, bulletin board postings, chat, and any other type of posting, display or transmission that relies on the internet. You may not publish, display or transmit via the Website any content that we reasonably believe:
- constitutes child pornography or is otherwise obscene, sexually explicit or morally repugnant;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including in relation to chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
clearly infringes another person’s trade or service mark, patent, or other intellectual property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is discriminatory in any way, including by way of sex, race, or age discrimination;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; or
- is otherwise malicious, fraudulent, or may result in retaliation against us by offended viewers.
General prohibitions: You agree to not engage in any of the following activities as a result of your use of the Website:
- Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless the rights thereto are owned or controlled by you or you have the required authority to do so, and have received all necessary consent to the intellectual property.
- Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
- Delete any legal notices, labels or anything else in the Website content that displays authorship or ownership in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
- Download any file posted by another user of a forum you know, or reasonably should know, cannot be legally distributed.
- Use any communications or content or other information obtained through the Website in a manner that is competitive with us or the Website.
- Allow any third party to use your username and password in any manner other than as permitted by these Terms.
Consequences of violation of the Acceptable Use Policy (AUP):
- You agree and acknowledge that we will not be held liable for content created by you, and you maintain all responsibility for your actions and statements made on the Website.
- We reserve the right to remove content created by users of the Website at any time.
- We may, without notice to you, suspend your right to participate in any course, including any course which is in progress, or remove any content transmitted via or stored on the Website if we reasonably believe you are using the Site or the Online Digital Learning Platform in breach of this AUP. You must cooperate with our reasonable investigation of any suspected breach of the AUP.
- We will charge you for any breach of the AUP together with the cost of equipment and material needed to:
- investigate or otherwise respond to any suspected violation of this AUP;
- remedy any harm caused to us as a result of your violation of this AUP; and
- respond to complaints.
- We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable laws, and provide any information we have about you and co-operate in response to a formal or informal request from a law enforcement or regulatory agency investing in any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
No liability: While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
Prosecution: We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.
DISCLAIMER AND INDEMNITY
Disclaimer: Subject to applicable law, we expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure. This exclusion of liability will only apply in jurisdictions where the law allows the exclusion and you may also have other rights that vary from jurisdiction to jurisdiction.
Indemnity: You agree to indemnify and hold us, our employees, officers, agents, subcontractors, subsidiaries and affiliates harmless from any demand, action, application or other proceedings, including for attorneys’ fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this Website.
This Website is owned and operated by Empanda Proprietary Limited, a company registered in the Republic of South Africa with its address at 3 Westerdale Road, Durbanville, 7550 and if you are using the website without being registered as a student, these Terms are a contract between you and this company. If you are using this Website by virtue of, or in relation to your registration as a student, these Terms are a contract with this company, as determined in accordance with the Terms and Conditions for Learners (Clause P. General).
ADVERTISING AND SPONSORSHIP
Third party content: This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Website complies with all applicable laws and regulations.
No liability: We accordingly exclude, to the fullest extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
MONITORING AND INTERCEPTION OF DATA MESSAGES
In order to provide a relevant, efficient and secure service, and where required and permitted under law, we may monitor and/or intercept electronic communications such as email which are sent to this Website. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and interception, and consent to it.
RECEIPT OF DATA MESSAGES
Data messages: Data messages, including email messages, sent by you to us will be deemed to be received only when acknowledged or responded to.
Receipt: A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
Right not to respond: We reserve the right not to respond to any email or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such email where necessary.
Confidentiality: You agree that data messages sent to this Website will not be regarded as confidential unless otherwise agreed in writing.
Arbitration: For any dispute that you may have with JUNO arising from these Terms or your use of the Website, you agree to first contact us and attempt to resolve the dispute informally. If your complaint arises from your registration or participation in a course administered through our Websites, the relevant provisions of the Terms and Conditions for Learners shall apply. All other disputes shall be referred to mediation and, in the event of mediation failing, arbitration under the arbitration laws and rules applicable in the Republic of South Africa, with such arbitration to be held in Cape Town, South Africa, unless otherwise agreed between us.
Urgent relief: The aforegoing will not restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate.
Whole agreement: These Terms constitute the whole of the agreement between yourself and Empanda Pty Ltd in relation to use of and access to the Website, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
Applicable law and jurisdiction: The laws of the Republic of South Africa shall apply to these Terms, their interpretation, and any matter or litigation relating to or arising from them, unless you are registered for a course through our Websites, in which case the provisions of the Terms and Conditions for Learners shall apply in determining relevant law.
Assignment: These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by Empanda Pty Ltd without restriction.
No Indulgence: If Empanda Pty Ltd chooses not to enforce any part of these Terms, that does not mean that it cannot do so at a later time.
Severability: In the event that any part of these Terms is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of these Terms.
Broken Links: Notwithstanding the fact that hyperlinks in these Terms to certain documents should be deemed part of these Terms, the fact that some or all of the hyperlinks may be non-operational will not play a role in determination of the validity and interpretation of these Terms.
QUICK GUIDE TO CONTENTS
- 1. What are Cookies?
- 2. How you can control or delete Cookies
- 2.1.1 Control via your browser settings
- 2.2.2 Additional mechanisms for exercising choice
- 2.1.1 Control via your browser settings
- 3. Types of Cookies used by Empanda and the Juno Store
- 4. Questions / Contact us
1. WHAT ARE COOKIES?
Cookies, pixel tags and similar technologies (collectively “Cookies”) are files containing small amounts of information which are stored by your browser on any Internet-enabled device – such as your computer, smart phone, or tablet – when you visit a website. Most web pages contain elements from multiple web domains so when you visit our sites, your browser may receive Cookies from several sources.
There are many different types of Cookies. For a detailed list of Cookies used on our sites, please refer to the section below on the type of Cookies we use.
2. HOW YOU CAN CONTROL OR DELETE COOKIES
We provide you with several ways to manage Cookies:
- You can refuse to provide your consent to our collection of non-essential Cookies;
- You can disable first- or third-party Cookies by use of your browser settings;
- You can use opt-out tools provided by Empanda.
Our performance, functionality and targeting/advertising Cookies are not strictly necessary for the sites to work, but will provide you with a better browsing experience. You can delete or block these Cookies, but if you do this, you may have to manually adjust some preferences every time you visit the sites and some features of the sites may not work as intended. For example, you may not be able to visit certain areas of the sites or you may not receive personalised information when you visit our sites.
A. CONTROL VIA YOUR BROWSER SETTINGS
Most internet browsers are initially set up to automatically accept Cookies. If you do not want our website to store Cookies on your computer or device, you can change or adjust your browser or device settings to block Cookies or to alert you when Cookies are being sent to your device.
If you use different devices to view and access our sites (e.g. your computer, smartphone, tablet, etc.) you will need to ensure that each browser on each device is adjusted to suit your Cookie preferences.
The procedures for changing your settings and Cookies differ from browser to browser. If necessary, use the help function on your browser or click on one of the links below to go directly to the user manual for your browser.
- Disable Cookies in Internet Explorer >> Click here
- Disable Cookies in Chrome >> Click here
- Disable Cookies in Safari >> Click here
- Disable Cookies in FireFox >> Click here
- Disable Cookies in Safari IOS >> Click here
- Disable Cookies in Google Android >> Click here
B. ADDITIONAL MECHANISMS FOR EXERCISING CHOICE
We, or other parties we do business with, may place or recognise unique Cookies or other technologies placed on your browser when you visit our sites to collect information about your use of the website and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet.
To learn more about your choices for receiving interest-based advertising or to opt-out, please review the information below:
- DAA: To opt-out of such collection and use for interest-based advertising by the Digital Advertising Alliance (DAA) participating companies, please visit: DAA’s website.
- EDAA: To opt-out from the use of information about your online activities for interest-based advertising by European Interactive Digital Advertising Alliance (EDAA) member companies, please visit: EDAA’s website.
- NAI: To opt-out from the use of information about your online activities for interest-based advertising by Network Advertising Initiative (NAI) member companies, please visit: NAI’s website.
Please note that even if you opt-out, you may still receive advertisements from GetSmarter that are not customised based on Cookies.
3. TYPES OF COOKIES USED BY EMPANDA
We use different types of Cookies to run our Sites. Some or all of the Cookies identified below may be stored in your browser.
|Type of Cookie||Description|
|Strictly Necessary Cookies|
Strictly Necessary Cookies are necessary for the operation of our sites. These Cookies are essential in helping you to move around our Sites and use the features, such as accessing secure areas of the sites or using the shopping basket.
For example, we may use Strictly Necessary Cookies to:
Performance Cookies simply help us improve the way our sites work. We utilise these Cookies to analyse how our visitors use our sites and to monitor our site performance. They tell us how people use each page, which ones are most commonly viewed, or whether any errors occurred. This allows us to provide a high-quality experience and quickly identify then fix any issues that arise.
For example, we may use Performance Necessary Cookies to:
We use Functionality Cookies to allow us to remember your preferences. For example, we may use Functionality Cookies to:
Targeting Cookies help make sure that the ads you see on our sites are relevant to you and your interests. Targeting Cookies may also be placed on your device by our third party service providers that remember you have visited the site in order to provide you with ads more relevant to you. We may use Targeting Cookies to:
Many of the Cookies placed through our sites are session Cookies, while others are persistent Cookies, and some are “first-party” Cookies, while others are “third-party” Cookies.
- First-party Cookies are those set by a site that is being visited by the user at the time
- Third-party Cookies are Cookies that are set by a domain other than that of the site being visited by the user. If a user visits a site and another entity sets a cookie through that site, this would be a third-party cookie.
- Persistent Cookies are Cookies that remain on a user’s device for the period of time specified in the cookie. They are activated each time that the user visits the site that created that particular cookie.
- Session Cookies are Cookies that allow website operators to link the actions of a user during a browser session. A browser session starts when a user opens the browser window and finishes when they close the browser window. Session Cookies are created temporarily. Once you close the browser, all session Cookies are deleted.
4. QUESTIONS/CONTACT US
Date of Last Amendment: 01 June 2020
QUICK GUIDE TO CONTENTS
- Collection of Information
- How We Use Your Information
- How We Disclose Your Information
- Information Security and Data Retention
- Accessing and Managing Your Personal Information
- Additional Information
COLLECTION OF INFORMATION
Information You Provide
Empanda Pty Ltd collects information from you when you choose to provide it to us. For example, we may collect your information when you submit a webform requesting information about one of our course offerings (“Course”), otherwise provide information to us through the Websites, or otherwise contact us. The information we collect may include personal information – name, address, e-mail address, telephone number, date of birth, government issued identifier, prior educational background information, work experience, and the content of any communications that we exchange, as well as non-personal information. In some cases, we require your personal information in order to perform a contract or to comply with a legal obligation.
Information Automatically Collected
Tracking Options and Do Not Track Disclosures
Information Collected from Other Sources
Where permitted by law, we collect or receive information about you from companies to whom you indicate that you would like to learn more about the Course, companies that are our partners, authors, or other entities within the Empanda of companies (collectively “Other Sources”) in order to update or supplement the information that you provide or that we collect automatically as described above in Information Automatically Collected. We may use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services or other offers that may be of interest to you, and for internal business analysis or other business purposes.
Our Combination of Your Information
We may combine the information we receive from and about you, via the Websites and from Other Sources to help us tailor our communications to you and to improve the Websites.
Failure to Provide Personal Information
Failure to provide certain information may make it difficult or impossible for you to access some services through the Websites (for example, to register for and complete Courses). You should ensure that personal information submitted to us is accurate and up-to-date. For example, we need a current email address to communicate with you about the Course in which you choose to enroll.
We do not direct the Website to, nor do we knowingly collect any personal information from, children under 16.
HOW WE USE YOUR INFORMATION
Purposes for Collecting and Processing Personal Information
We process personal information under the following legal bases:
- To fulfill a contract or take steps linked to a contract, including:
- providing our services;
- verifying your identity;
- taking payments;
- communicating with you.
- To conduct Empanda Pty Ltd’s business and pursue our legitimate interests in marketing our business, ensuring that we conduct our business in line with our objectives, improving and developing our products and services, and keeping our records accurate and up to date. This includes:
- using your information to provide products and services you have requested and responding to any comments or complaints you may send us;
- personalising your experience on the Websites and in any Course in which you choose to enroll and to help us to better respond to your individual needs;
- targeting advertising to groups of individuals with similar interests or characteristics through services offered by third party Service Providers, such as Facebook Custom Audiences or other similar business tools;
- developing new products or services or conducting analyses to enhance current products and services;
- reviewing the usage and operations of the Websites and analyzing and improving the Websites (we continually strive to improve the Websites based on the information and feedback we receive from you);
- contacting you for legitimate business purposes;
- using personal information to invite individuals to take part in market research;
- where consent is not required by applicable law, for direct marketing purposes;
- protecting the security and functionality of the Website, including using personal information you provide to investigate any complaints received from you or from others about our Websites or our products and services.
- We conduct balancing tests for the data processing we carry out on the basis of our legitimate interests, which we have described above. For more details on the balancing test we have carried out, please contact us at firstname.lastname@example.org. You may also have the right to object to our use of your personal information on the basis of our legitimate interests as described at the outset of this policy. To protect the security and functionality of the Websites. This includes:
- if you provide a credit or debit card as payment, using third parties to check the validity of the sort code or routing number, account number and card number you submit in order to prevent fraud (see How We Disclose Your Data);
- monitoring customer accounts to prevent, investigate and/or report fraud, misrepresentation, security incidents or crime, in accordance with applicable law.
- Where you give us consent. This includes:
- where consent is required by applicable law, sending you direct marketing in relation to our relevant products and services, or other products and services provided by Empanda Pty Ltd, its parent company, Olympus Proprietary Limited, and it’s family of companies;
- on other occasions where we ask you for consent, using the data for the purpose which we explain at that time.
- For purposes which are required by law. This includes:
- in response to requests by government or law enforcement authorities conducting an investigation;
- using personal information in connection with legal claims, compliance, regulatory and investigative purposes as necessary, including disclosure of such information in connection with legal process or litigation.
Use of De-identified, Aggregate or Anonymised Information
HOW WE DISCLOSE YOUR INFORMATION
Empanda Pty Ltd shares your information with other entities or individuals in the following circumstances:
- Course Authors: We may share your information with the relevant authors with whom we collaborate on Courses in order to process your information, track your participation in the Course, and/or fulfill our contracted responsibilities. Once we share your personal information with the Course Author, Empanda Pty Ltd does not maintain control over the Course Author’s use of your personal information. We also share de-identified, aggregate, pseudonymous or anonymous information for research and analytics purposes.
- The Olympus Pty Ltd Group of Companies: Where you have expressed interest and given your consent, we share your information with our parent company, Olympus Pty Ltd, and within the Olympus family of companies to provide you with information about other programs, products and services.
- Service Providers: We share your information with third parties that provide business, professional, or technical support functions for us. In particular, we use third-party providers for website hosting, maintenance, marketing services, courier services, certification services, business operations, payment services, and identity verification services (“Service Providers”). These Service Providers are only given access to your information to the extent necessary to process your information and/or provide services to Empanda Pty Ltd, and they are prohibited from using or sharing your information for any other purposes. Where permitted by law, Empanda Pty Ltd discloses limited information about you to Service Providers to serve relevant advertising on third party platforms to you or to other audiences.
- Your Employer: We share your information with your employer, in the event that the employer is paying for your Course (“Your Employer”). Information disclosed in this case shall include Course performance information, unless otherwise expressly agreed in writing with Empanda Pty Ltd.
- Fraud; Security: We access and disclose your information to detect, prevent, or otherwise address fraud, security or other technical issues.
- Consent; Other: We share information with third parties when we have your consent, or otherwise as described to you at the point of collection.
- International Transfers: We transfer personal information from the European Economic Area (“EEA”) to other countries, including the United States and South Africa. Where information is transferred outside the EEA to a third party in a country that is not subject to an adequacy decision by the EU Commission, data is adequately protected by Standard Contractual Clauses, an appropriate Privacy Shield certification or a vendor’s Processor Binding Corporate Rules. A copy of the relevant mechanism can be provided for your review on request to email@example.com or via our contact page.
INFORMATION SECURITY AND DATA RETENTION
We are committed to protecting the security of your information. We maintain what we believe to be appropriate physical, electronic, and managerial procedures to safeguard and secure your information and to prevent unauthorized access, maintain accuracy, and ensure appropriate use of your information. The accuracy, safety, and security of your information also depend on you. Where we have given you or where you have chosen a password for access to certain parts of the Websites, you are responsible for keeping this password confidential. We ask that you not share your password with anyone. Even though we do our best to protect your information, the transmission of information via the internet is not completely secure, and we cannot guarantee our security measures. We are not responsible for any unauthorised access to or acquisition of your information.
We retain your personal information for as long as we have a relationship with you. We also may retain your personal information for a longer period of time which enables us to:
- Maintain business records for analysis and/or audit purposes;
- Comply with record retention requirements under the law;
- Defend or bring any existing or potential legal claims;
- Address any complaints regarding the services;
- Enforce our commercial agreements;
ACCESSING AND MANAGING YOUR PERSONAL INFORMATION
If you are enrolled in a Course, you may access and/or update your personal information through your user profile. In some instances, you may be eligible to (a) ask us for a copy of your personal information; (b) correct, delete or restrict processing of your personal information; and (c) obtain the personal information you provide to us in a structured, machine readable format. In addition, you may have the right under applicable law to object to the processing of your personal information in some circumstances.
Your rights regarding your personal information may be limited, for example, if fulfilling your request would reveal personal information about another person or would infringe the rights of a third party (including our rights), or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping. We will inform you of the relevant exemption upon which we rely when responding to any request you make.
Our use of certain personal information is necessary for us to provide information to you about the Course or to provide services to you through the Websites or otherwise. If you choose not to provide this personal information or request that Empanda Pty Ltd delete or restrict the processing of this personal information, you may not be able to participate in the Course, and we may not be able to provide you with other services, including those provided through the Websites or advertised about the Course.
If you wish to access or delete your information as described in this section, please email firstname.lastname@example.org
You may have specific rights relating to the disclosure of any personal information that you provide to us and/or education records that we may create about you under the Family Education Rights & Privacy Act (“FERPA”). You also may have specific rights under FERPA related to accessing and/or updating your personal information. Certain information may be excluded from education records made available for inspection, within the bounds of the law and our confidentiality undertakings with third parties. You may also request amendment of education records that you believe are inaccurate, misleading or in violation of your rights.
We collect and disclose for a business purpose the following categories of personal information:
- Contact Information and Identifiers, including real name, alias, address, unique personal identifier, online identifier, IP address, email address, phone number, account name, or other similar identifiers.
- Customer Records, such as name, signature, government issued identifier, physical characteristics (profile photograph), education, employment, bank account number, credit card number, debit card number, or other financial information (payment history).
- Usage Data, including internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- Employment History, including professional or employment-related information.
- Education Information, including information about education history or background.
Categories of Sources of Personal Information
The categories of sources of personal information we collect are described in the section above Collection of Information.
Purposes for Collecting Personal Information
We collect the personal information identified above to communicate with you, for advertising and marketing purposes, to provide and improve our services, and other purposes set forth in Purposes for Collecting and Processing Personal Information above.
Categories of Third Parties with Which Personal Information is Shared
We share personal information identified above with the following categories of third parties:
- Course Authors
- The Olympus Pty Ltd family of companies,
- Third-party providers that serve business, professional or technical support functions,
- Your Employer (where applicable),
- Third parties for legal matters or safety purposes.
You can submit a copy, deletion, or right-to-know request online by emailing us at email@example.com
Public Forums; Publicly Available Content
Any information you may disclose through the Websites, such as on message boards, in chat rooms, or on other public areas, such as on webinars that you may attend about the Courses, may be viewed by others, such as your classmates and learning facilitators. Please exercise caution when disclosing personal information in these public areas. If you do not want Empanda Pty Ltd to store metadata associated with your content, please remove the metadata before uploading your content.
To make a request to delete or access personal information, or for more information about the personal information Empanda Pty Ltd has about you, contact us at firstname.lastname@example.org
We encourage you to read these terms carefully, and to contact us if you have any questions. By using our services or registering for a course/program/programme, you agree to be bound by, and to abide by, these terms. If you do not agree to be bound by these terms, or are not able to enter into a binding agreement, then unfortunately you may not register for a course/program or use our services.
WELCOME TO JUNO STORE!
This Agreement (“Terms”) sets out the terms and conditions that govern your use of Juno’s products and services (such as website services and course content), as well as your registration for any short course or other program (“Course”) offered by Juno Store (as owned and operated by Empanda Pty Ltd.). These Terms can also be seen as your comprehensive Learner Handbook, information source and rulebook. We hope that you find this information helpful.
- Each of our Courses is delivered in collaboration with a specific Author, and some wording and phrases used in Course delivery may differ depending on each Author’s rules and standards for online short courses. Accordingly, the following words and phrases may be used interchangeably in these Terms, as well as in the Online Digial Learning Platform through which Courses are delivered:
- “course”, “journey”, “experience”, and “program/programme”;
- “participant”, “student”, “traveller”and “learner”;
- “course material”, “course content” and “program material”; and
- “Author”, “Tutor”, “Instructor”, and “Learning Facilitator”
- “Honor Code”, “Memorandum of Commitment” and “Code of Conduct”.
- Although all these Terms are important, please pay particular attention to any terms that are emphasised in “bold” text.
- If your participation in a Course is being paid for by a third party (such as your employer), then you will be bound by all provisions in these Terms (including payment provisions), however we may enter into a separate agreement with your employer to govern payment for the Course on your behalf, as well as to govern the receipt of certain information in relation to your completion of the Course.
- Tax rebates and employer compensation: Please note that the Courses offered by Juno Store in collaboration with other authors are non-credit bearing, unless otherwise specified. Furthermore, the administration of these courses is handled by Juno Store, which may not be an “educational institution” for tax purposes in your jurisdiction. If your employer offers compensation for educational courses, it is your responsibility to check with them if this course meets their requirements for compensation. Similarly, it is your responsibility to establish if these courses will qualify for a tax rebate. Juno Store will not issue or complete any tax forms.
ACCESSING JUNO STORE
- Acceptance: By clicking on the “Agree” button when signing up for a Course, you agree to be bound by these “Terms”, which include, by reference, the Policies.
- License: Subject to these Terms, and to the payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services and products, including all services associated with our Courses, and the Online Learning Platform through which Course content is accessed.
- Suitability of Course: Before registering for any Course, you are responsible for satisfying yourself as to the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our Websites, and asking questions, if necessary.
- Commencement of Course: You will only receive confirmation of your registration for a Course, and be allowed access to the Online Learning Platform, once you have made the required minimum payment for the Course (unless otherwise specifically stated in the information pack relevant to your Course). There may also be a delay of access to the Online Learning Platform until you are formally enrolled in our records, or until the Course commencement date.
- Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a Course, and this registration would need to be separately managed through our Registrar office by arrangement to ensure compliance with all applicable legal requirements.
- Accessibility statement: Juno Store is committed to providing an Online Learning Platform that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Website and Online Learning Platform for all our students, including those with disabilities, as more fully described below:
- Standards: We aim to conform to level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0.
- Reviews: Our Online Learning Platform is periodically reviewed by an accessibility expert who uses a range of different assistive technologies and computer settings to test the Online Learning Platform for conformance with the above standards of accessibility, and we are committed to diligently and timely resolving all areas of non-conformance.
- Exceptions: While we strive to ensure that our Online Learning Platform conforms to level AA of the WCAG 2.0, there may be limited exceptions where the Online Learning Platform is not fully up to level AA standard. We are continually seeking out solutions that will bring all areas of the Website and Online Learning Platform up to the same level of overall accessibility, while ensuring that the overall student experience is not unduly compromised.
- Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or Online Learning Platform and would like to know more about our accessibility accommodations, please don’t hesitate to contact us by emailing email@example.com . Juno Store reviews all requests for disability-related accessibility accommodations, and is resolved to taking commercially reasonable steps to extend the Online Learning Platform’ functionality to accommodate all our students.
Registration online: Learners can register for Courses online through the links available on our website at www.shop.empanda.co.za
- Basic requirements: In order to complete a Course, you will need a current email account and access to a computer and the internet. You should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read and create documents in Microsoft Word. In addition, you will need to install Adobe Flash Player to view the video lectures, resources and activities available in each Course module. Both Adobe applications are available for download:
Adobe Reader: https://get.adobe.com/reader/?promoid=BUIGO
Adobe Flash Player: https://get.adobe.com/flashplayer/?promoid=BUIGP
- Browser requirements: We recommend that you use Google Chrome as your internet browser when accessing the Online Learning Platform. Although this is not a requirement, we have found that this browser performs best for ease of access to Course material. This browser can be downloaded from the following website:
- Additional requirements: Certain Courses may require additional software and resources. These additional software and resource requirements will be communicated to students upon registration and/or at the beginning of the Course. Please note that Google, Vimeo and Youtube may be used in our Course delivery, and if these services are blocked in your jurisdiction, you may have difficulty in accessing Course content – we strongly recommend that you check with us before registering for a Course if you have any concerns about this affecting your experience with the Online Digital Platform.
- Identification: During the Course presentation, you will be required to verify your identity with an official identity document, which reflects the name provided upon registration, for authentication and record purposes. Acceptable forms of identification include an identity document (national ID card), passport, government- or state-issued driver’s license (US and UK only), state or province ID card, or birth certificate. Juno Store makes use of a third-party identity verification service. Non-submission of valid identification in accordance with standard verification processes will result in your certificate being withheld upon completing a Course successfully. If you undergo a name change during the presentation of a Course, you will be required to communicate this to your instructor, or to firstname.lastname@example.org , who will advise you on the process to be followed. The name provided by you in the document that you have submitted will be the one that appears on any certificate that may be issued to you on successful completion of a Course.
- Disclaimer: You are obliged to source and obtain access to the necessary software and resources required for Course completion at your own cost, and we won’t be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless expressly stated otherwise – these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising you through the Online Digital Platform or by email to your chosen email address.
- Relationship with Course Author: All courses are designed and developed in collaboration with the relevant course author. Authors may appear in the course videos. However, the delivery of the course is administered by Juno Store, unless otherwise specified..
- Language: English is the language of instruction and administration for all Juno Store Courses. All coursework that is required for assessment purposes must be written in English. This includes posts made on the discussion forum.
- Online Digital Platform: Each Course consists of a number of modules delivered over a specified period through the Online Digital Platform, accessible using the “Juno Branch Link” website link provided with your registration. All Course-related documentation is provided in electronic format and can be accessed through the Online Digital Platform.
- Communications: You may receive communication by telephone, email or text message from Juno Store representatives for Course administration and related purposes, including reminders of assignments and payments due by you, or other information related to your registration or these Terms. You agree and consent to receipt of such communications (although you may opt-out of any generic marketing communications that are unrelated to Course administration, at any time, through the supplied opt-out mechanism).
- Access to Online Digital Platform: Upon your final enrolment for a Course, a profile will be set up for you in the Online Digital Platform (or, if you already have a profile, you will use your existing profile for the new Course). If you are suspended from participation in a Course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the Online Digital Platform. Please note that there may be some time delay between registration and enrolment. Access to a Course presentation and Online Digital Platform may be limited to 30 days from the closure date.
- Permitted use: Only students who are registered for a Course may participate in that Course. You may not divulge your username or password to any other person, may not permit any other person to participate in the Course on your behalf, and may not impersonate any other person in dealing with Juno Store or access the Online Digital Platform using another user’s username and password. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you regain access to your profile.
- Prohibited use: You are prohibited from doing the following:
- Making available copies of the Course content on a network server or web server for use by others.
- Using, displaying or otherwise making available the Course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
- Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
- Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the Online Digital Platform.
- Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Course content.
- Your responsibility: You agree that you will contact us immediately if you experience any unauthorised use of your profile details. You accept that you are responsible for the consequences of your use of your profile in the Online Digital Platform, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorised access that could occur regarding your information.
- Access disputes: If there is a dispute as to who has the right to operate a profile in the Online Digital Platform, we may deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
- Platform capability: The Online Digital Platform may not be fully compatible with mobile devices, including smartphones and tablets. In order to access and participate effectively in the Online Digital Platform, you may require access to a desktop computer or a laptop computer. You will be required to meet the cost of internet access yourself and of any upgrades required to your computer or mobile device.
- External websites: Juno Store is not responsible for technical support for any external websites. Courses that require you to use external websites do so to achieve the best learning outcomes. If you have any queries relating to external websites, you are required to contact the support services of the relevant websites directly (although you may request assistance from our support team through the Online Digital Platform). Juno Store will not be liable for any costs, claims or damages that you may suffer as a result of your use of, or failure to access, any external website.
- Videos: Videos are provided in the majority of Course modules. These videos act as tutorials and lectures for the topics covered in the specific modules and are compulsory unless otherwise stipulated. You will need Adobe Flash Player installed to view the video lectures available in each module. If you are using a slower internet connection, then attempting to view these videos may be difficult.
- Juno Support Team: Your primary contacts during a Course presentation will be your Juno Support Team:
- You will be allocated a dedicated Support Manager during the Course who will ensure that you have access to Course materials, and are supported and well informed about Course happenings. Your Support Manager will be available during working hours (09:00-17:00 SAST) by telephone, email and the discussion forum in the Online Digital Platform.
- Course Coach or Course Instructor: The Course Coach or Instructor provides guidance on Course content. Interaction with the is performed only on the discussion forum in the Online Digital Platform. Course Coaches and Instructors will not be available for queries by telephone or email, and will respond to queries on the discussion forum on such days of the week and during such times as stipulated by the Course.
- General: All courses are based on continuous assessment and there are no examinations, unless stipulated otherwise for a specific Course.
- Modules: Modules may include assignments that count towards the final Course result. Your assignments will be assessed within an allocated time period. Any queries relating to your previous assignment that will affect the submission of your next assignment should be asked on the Online Digital Platform discussion forum.
- Assignment submission: Assignments are due to be submitted on the date and time as indicated in the Course calendar or as otherwise indicated by your dedicated Support Manager. You will usually be given a full week (including the weekend) to complete and submit assignments. If you are not able to meet an assignment deadline, you are required to request an extension in line with the process outlined in the paragraph below.
- Late submission of assignments: If you wish to apply for an assignment extension you will be required to make this request through the Online Digital Platform. The number of extension requests during the Course is limited to 1 extension per submission, and may not be applied to more than 50% of the total number of graded assessments for the Course. Requests will be automatically granted under the following conditions:
- The duration of extension requested is no longer than 48 hours;
- You have not requested an extension for the same assessment already; and
- You are under the extension limit.
- All requests that don’t meet these conditions will be decided at the discretion of the Juno Support Team. Holidays and work trips: Allowances for late submission of assignments may not be made if you are away on holiday or on a work trip. The Course dates are clearly provided in the information pack or documentation that is available to you before a Course commences, and it is your responsibility to ensure that you are able to complete the Course by submitting assignments on time.
- Assignment rewrites: Rewrites of assignments are not permitted. Courses are based on continuous assessment and because contextual feedback is provided after each assignment, rewrites provide an unfair advantage.
- Assignment re-marks: For graded Courses you may request, in writing, a re-mark of an assignment at any stage of the Course. However, no re-marks will be considered after the final results have been released. Please note that re-marks may result in an increase, decrease or no change to your mark. The cost of an assignment re-mark is available on request. A re-mark must be requested in writing to your Support Manager, and the re-mark fee paid, before final results have been released for the Course.
- Final results: Your final result or completion status may be subject to a moderation process. If you have outstanding fees or amounts owing, your final result will be withheld until such time as your fees have been settled in full. If you are dissatisfied with your academic standing (final result for the Course) you are within your rights to submit an appeal within 7 working days after the final results have been made available by contacting your Support Manager, who will explain the appeals process to you.
- General rules: All students are required to adhere to an Honour Code, or Memorandum of Commitment, which must be accepted in the Orientation Module for each course. A breach of the Honour Code will constitute a breach of this Agreement.
- Handbooks, Memorandums and Honor Codes: Handbooks, Honor Codes, rules and other materials may be made available through the Online Digital Learning Platform, speaking to matters such as academic integrity and conduct, and you will be obliged to abide by the terms of such additional materials.
- Plagiarism: Plagiarism can be defined as the intentional or unintentional use of another’s work without providing reasonable and appropriate credit to the author or source of the work. Juno Store provides support and information in the Online Digital Learning Platform on how to avoid plagiarism and guidelines on adherence to academic conduct, however, you must take responsibility for your own work.
- Consequences of Plagiarism: Plagiarism in assignment submissions is treated extremely seriously. If you are found guilty of plagiarism you may receive zero for the relevant assignment submission, and as a result may not have a certificate issued to you.
PRICING, PAYMENT AND DELIVERY
- Course fees: When you register for a Course, you agree to pay the applicable Course fee and such other amounts as may be due by you arising from your participation in the Course.
- Tax Invoices in electronic format: You hereby consent to the receipt of an invoice from Empanda Pty Ltd, which shall be sent to you in electronic format, to the email address that you provided upon registering for a Course. All invoices shall reflect the methods of payment that will be accepted in payment of such invoice.
- Bank charges: In the event that bank charges and/or fees are levied on or added to a payment made by you to us from any country or jurisdiction, you shall be liable for all such bank charges and additional costs.
- Payment of VAT and other Taxes: Any VAT or other applicable taxes payable in addition to the Course fees will be identified in your invoice or information pack and such amounts are your sole responsibility unless the contrary is stated.
- Payment reference: When making payment to us, you must ensure that your invoice number (to which the payment relates) is reflected on your payment. We will not be held liable if we are unable to locate your payment, and as a result you are suspended from participation in a Course.
- Promo codes: If you have been provided with a promo code and you would like to make use of it when you register for a Course, you will have to indicate this on the Juno Store Website when registering for the relevant Course (where indicated), and agree to be bound by the terms and conditions of this promo code. Should you register without utilising the promo code, the promo code will become redundant and you will not be entitled to receive the benefit of the promo code, including a refund of any part of the Course fee, once payment has been received by us. In addition, promo codes are non-transferable and non-refundable – if you request a Course deferral, the promo code shall no longer apply to the fee payable for the deferred Course.
- Suspension for non-payment: If you fail to make payment for a Course by the due date for payment (as agreed during registration and recorded in your invoice), then we may remove you from the Course or suspend your participation in the Course at our sole discretion. If you are suspended from participation, you will not be permitted to access the Online Digital Platform until such time as the outstanding payment has been made by you, and you will be given a period of time within which to rectify non-payment. If you fail to make payment within the given additional period of time, then we will be entitled to cancel your registration and remove you from the course and you will not be entitled to any refund. Under no circumstances will students be permitted to continue with a Course following the release of final marks in respect of that Course.
- Reminders: You hereby acknowledge and consent to us contacting you in relation to payments due by you for a Course or in terms of these Terms, by way of email, text message, telephone calls, or other means as determined by us.
- Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the Online Digital Learning Platform or the Website, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
CANCELLATIONS AND DEFERRALS
- Outstanding fees: If you do not settle your fees in accordance with the agreed payment terms, you will not receive your final result for your Course, and we will not issue any letters confirming attendance or completion of Course modules. You will not be issued with a certificate until all fees have been paid in full.
- Cancellation of registration: If you wish to cancel your Course registration, you will need to contact your Support Manager to discuss your intention. Your Support Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the cancellation, you will be required to complete and submit a cancellation of registration form, which will be provided to you by your Support Manager. You will be entitled to a full refund of your Course fee if you request cancellation of registration with your Support Manager before the release of Module 2 of your Course. After the release of Module 2, no refunds will be processed for cancellation of course registration.
- Course deferral: If you wish to defer your Course to the next scheduled presentation of that Course, you will need to contact your Support Manager to discuss this intention. Your Support Manager will consult with you to discuss the matter and to assist you in reaching an informed decision. Should you decide to go ahead with the deferral, you will be required to complete and submit a deferral application form (which will be provided to you by your Support Manager). Deferral of Course registration will only be processed once (no repeat deferrals will be permitted), only to the next scheduled presentation of the applicable Course, and all applications for course deferral must be made before the release of Module 2 of your Course. We do not guarantee that future presentations will be held and if you choose to defer to the next presentation, you do so at your own risk. Assignments that have been completed up until the date of the deferral will not be credited to you upon re-registration.
- Insufficient demand: We reserve the right to cancel a Course if there is insufficient demand, as determined by us in our sole and absolute discretion. In this case, you will receive a full refund, but no interest will accrue on any amounts refunded to you and any applicable bank charges will be offset against the refunded amount.
- Certification: Certificates of completion or attendance (as described in Course information packs) will be issued in your legal name provided to us during the registration process or pursuant to section C 17 upon your successful completion of a Course according to the stipulated requirements for award of a certificate. No certificate will be issued to you if you do not meet the stipulated requirements for the award of a certificate. If you are found guilty of plagiarism (even for the first offence) where a satisfactory explanation is not given, the Instructor, Moderator or Assessor of the Course may decide not to issue a certificate to you. No changes can be made to the standard form or wording of a certificate for any reason.
- Certificate Delivery: Juno Store will email your certificate to your email address provided to us during the registration process. Juno Store cannot be held liable should you provide an incorrect address, and cannot guarantee the delivery date and time.
- Certificate Resend and Errors: If a certificate delivery fails, you will be contacted and informed. If you receive your certificate with a printing error you are required to notify us. We cannot be held liable for errors resulting from incorrect personal student information provided to us. Any certificate changes or reprints requested after a 3 month period (after receiving your physical certificate) will be charged for.
- Withheld certificates: If you are eligible for the award of a certificate, your certificate may be withheld by Juno Store in the following circumstances:
- If you are under investigation for academic dishonesty or misconduct and such matter has not been resolved at the time of certification, the award of a certificate may be suspended until the matter has been disposed of by Juno Store.
- If you have outstanding fees owing to Juno Store, your certificate may be withheld until such time as your fees have been settled in full.
- If you fail to verify your identity. Your certificate will be withheld until such time as you have verified your identity.
LIMITATION OF LIABILITY AND INDEMNITY
- No liability for Course outcomes: We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body’s requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain.
- Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, your participation in a Course, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall Juno Store’s aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
- Acknowledgement: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Juno Store, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
- Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Juno Store’s services or Courses must commence within 1 year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
- Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration for a Course. This indemnity includes claims arising from your use of the Online Digital Platform in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
INTERRUPTION OF JUNO STORE WEBSITE OR ONLINE DIGITAL LEARNING PLATFORM
- Interruption of service: You acknowledge and agree that from time to time, the Juno Store Website and / or Online Digital Learning Platform may be inaccessible or inoperable, by reason of one or more of the following:
- Equipment malfunctions or faults.
- Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
- Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other failures.
- No breach: Such interruption to the accessibility of the Juno Store Website or Online Digital Platform will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the Juno Store Website and/or Online Digital Platform.
- Security: We will use reasonable commercial measures to secure our system and your profile in the Online Digital Platform, and related information, however, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorised use of your account.
- Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the Website or Online Digital Platform or otherwise provided to students by Juno Store, is owned by us or licensed to us, or our authors, and we assert and reserve all of our rights in this regard. Access to or use of our services and Courses will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
- Learner content: The services and Courses may enable you to share your own content, including assignments, with Juno Store, Authors, Instructors, Moderators, Assessors, the Support Team, and fellow students. You retain all intellectual property rights in, and are responsible for, the content that you share, however you specifically agree and consent that we and the authors collaborating on your Course shall be entitled to use (in our discretion) all content shared by you on our Online Digital Platform for internal research and development, Course improvement and non-commercial purposes. In relation to specific Courses, a policy statement on intellectual property sharing may be included in the Online Digital Learning Platform for further guidance to you in the sharing of your ideas and assignments. Ultimately, it is your responsibility to ensure the proper protection of your intellectual property – if your intellectual property will be best protected by way of trade secret, or you have not filed for protection of your protectable intellectual property, then non-disclosure may be an essential protection. We cannot, and do not, guarantee that any intellectual property shared on the Online Digital Learning Platform or otherwise through the Website will not be used by other students.
WARRANTIES AND DISCLAIMERS
- Disclaimers: To the extent permissible under applicable laws, all services, Courses and their content are provided “as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
- Learner warranties: You warrant that all and any information that you provide to us, in accordance with this Agreement, in order to register for a Course or otherwise, is true and accurate.
TERMINATION OF PARTICIPATION IN A COURSE
- Modifying and terminating services: We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled students reasonable prior notice of any material changes. You may also discontinue your use of our services and Courses at any time.
- Breach: If you commit any other breach of these Terms (including but not limited to the “General Rules”) and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee. We shall furthermore be entitled to immediately suspend your access to the Online Digital Platform in the event of a material breach of these Terms, as determined in our sole discretion, pending an investigation into the relevant conduct.
COMPLAINTS AND DISPUTE RESOLUTION
- General complaints policy: Whether it is positive or negative, Juno Store encourages feedback from learners. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner. All complaints are taken seriously, and every effort has been made to ensure that Juno Store can cater for complaints received on all levels, regardless of severity. Juno Store will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possible.
- Speak up: Should you wish to lodge a complaint, you are required to submit this to email@example.com . We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect, and in return, we expect that anyone giving feedback or making a complaint will do so in a fair and appropriate manner. Where we determine that a complaint is abusive, unreasonable, or a student is unreasonably pursuing a complaint that has previously been investigated, we reserve our rights in relation to our response, and in particular, may elect not to pursue the procedure set out below.
- Review and investigation: Once a complaint has been lodged, we will investigate and attempt to address the matter in question. At this stage, you may be required to provide supporting documentation or other evidence that may be relevant. We will endeavour to address complaints within 3 working days (although this may not always be possible). In all cases, we will maintain open channels of communication and provide feedback or updates on the progress of the investigation. If a complaint cannot be addressed at its first stage, either party may request that the matter be looked into further. Escalations of this nature may be referred to the Author collaborating on your Course who may investigate the matter further, and may recommend an outcome or course of action.
- Feedback: Once a complaint has been fully investigated and due process followed, a course of action will be determined by Juno Store. The result will either be that the complaint is upheld (in part or in full), and an appropriate form of action is taken, or, that no action is taken, in which case comprehensive feedback and reasons will be provided. This includes, but is not limited to, instances where you have not requested an outcome other than having a platform to voice your concerns.
- Disputes: If a mutually-satisfactory outcome, course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between Juno Store and you, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in South Africa. As a consumer you may benefit from the right to bring an action in the courts of the country in which you are resident. Nothing in these terms and conditions affects your rights to bring a claim in the courts of the country in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of Juno Store, shall be governed by, and construed in accordance with, the laws of South Africa. As a consumer, you may benefit from certain mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this ‘Disputes’ clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
- Right to protect intellectual property Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
- Juno Store’s details: These Terms are a contract between you and Empanda Pty Ltd and certain of its affiliate authors depending on which course you have purchased. Empanda Pty Ltd is a South African company with its address at 3 Westerdale Road, Durbanville, 7550, South Africa.
- Entire agreement: These Terms, together with the Honor Code and Policies, shall constitute the entire agreement between you and Juno Store concerning your registration for a Course.
- Revision of Terms: We reserve the right to revise these Terms (including Policies) at our sole discretion from time to time. These revisions will become effective immediately on being posted to the Website and Online Digital Platform, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a Course at the time when such changes come into effect.
- Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.
- Severability: In the event that any part of these Terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
- Assignment: These Terms, and any rights and licenses granted in terms of these Terms, may not be transferred or assigned by you, but may be assigned by Juno Store without restriction.
- No indulgence/waiver: If Juno Store chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.
Date of last amendment: 1 April 2020
The Data Controller for courses presented on the Juno Store, is:
Empanda Pty Ltd
3 Westerdale Road, Durbanville, 7550, South Africa,
+27 (0) 21 110 5830