Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR ONLINE COURSES
These terms and conditions apply to the use of the I-CAT Online Training platform service between I-CAT International Consulting and Trading (Pty) Ltd (“I-CAT”) and you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”).Please read them carefully.
GENERAL TERMS AND CONDITIONS FOR ONLINE COURSES
These terms and conditions apply to the use of the I-CAT Online Training platform service between I-CAT International Consulting and Trading (Pty) Ltd (“I-CAT”) and you (either an individual or a legal entity that you represent as an authorized employee or agent) (“You”).Please read them carefully.
By completing the registration process and/ or using the Services and/ or clicking the submit registration button you agree to be bound by all these terms and conditions of Service.
1. DEFINITION
1.1. “Confidential Information” – means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, without limitation, Course Materials, but does not include information in the public domain other through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
1.2. “Course Materials” – means any accompanying documentation made available to You by I-CAT for use with the Training Videos, including any documentation available online or otherwise.
1.3. “Intellectual Property Rights” – means copyright, rights in or related to databases, patent rights, designs and registered designs, trademarks, rights in or relating Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
1.4. “Online Course” – means the delivery by I-CAT of an online course pursuant to which you learn course materials remotely.
1.5. “Services” – means the provision of Online Courses and/ or Course Materials together with such other services as agreed from time to time through the Website.
1.6. “Training Videos” – means the video content (which forms part of Course Materials) that is provided by I-CAT for online training.
1.7. “Website” – means www.lms.i-cat.co.za or as and when communicated by I-CAT from time to time.
2. FEES
All Online Courses will be provided at the applicable course fees published on the Website.
3. THE SERVICES
3.1. A detailed description of the Services together with the dates on which the Services will begin are available on our Website. I-CAT will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
3.2. I-CAT reserves the right to vary or withdraw any of the Services described on the website without notice.
4. CERTIFICATION, UNDERTAKING, ONLINE ACCOUNT, PASSWORD, AND SECURITY
4.1. Certification of Competence shall be issued upon successful completion of the specific training module requirements and shall be valid for a period of 12 (twelve) months.
4.2. You hereby undertake and agree that:
4.2.1. It is your employers’ responsibility to ensure that You are re-trained by I-CAT’s authorized and/ or approved trainer to renew your certificate.
4.2.2. you shall be the one completing the Online Course applied for and should I-CAT establish that the Online Course was completed by someone else other than You, I-CAT reserves the right to terminate your account, revoke access and withdraw any certification already issued to You.
4.2.3. upon registration, I-CAT shall create an online account for you to access Online Courses, and you shall protect the account’s username and password and take full responsibility for the use of your account.
4.2.4. all information supplied during registration shall be true and correct.
4.2.5. you agree to notify I-CAT immediately upon learning of any unauthorized use of your account or any other breach of security.
4.2.6. from time to time, I-CAT’s support staff may log in on your account in order to maintain or improve service, including to provide you with any technical assistance, and you hereby acknowledge and consent to such access.
4.2.7. I-CAT’s Services may link to third party websites and we are not responsible for their data policies or procedures or their content.
5. INTELLECTUAL PROPERTY
5.1. All Intellectual Property Rights in the Course Materials, Online Courses and Training Videos are, and remain, the intellectual property of I-CAT or its licensors, whether adapted, written for or customized for the client or not.
5.2. You will not nor will You allow any third party to:
5.2.1. copy, modify, reproduce, re-publish, sublicence, sell, upload, broadcast, post, transmit or distribute any of the Course Material without prior written permission from I-CAT.
5.2.2. record on video or audio tape, relay by videophone or other means the Course Materials and/ or Online Courses provided.
5.2.3. remove any copyright or other notice of I-CAT on the Course Materials.
5.2.4. modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Course.
5.3. Breach of the terms provided in clause 5.2 shall allow I-CAT to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to the Online Courses.
5.4. I-CAT grant you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
6. CONFIDENTIALITY
Neither party will use or disclose the other party’s Confidential Information without the other party’s prior written consent except for the purpose of performing its obligations under this Agreement or if required by law, regulation or court order. Upon termination of this Agreement, parties will promptly either return or destroy all Confidential Information and, upon request, provide written certification of such.
7. INDEMNIFICATION
You agree to indemnify and hold I-CAT or any of its officers, directors, employees, agents or affiliates harmless for any loss, damage or other costs of any nature or kind whatsoever arising directly or indirectly out of or relating to your negligence and/ or willful misconduct under this Agreement.
8. TERM AND TERMINATION
8.1. Either party may terminate this Agreement at any time for any reason within 7 (seven) days from the commencement of the Online Course.
8.2. I-CAT reserves the right to suspend and/ or terminate user access at any time.
8.3. Any account inactive for a period of one month or more before the Online Course is completed shall be terminated.
9. MODIFICATION OF TERMS OF SERVICE AND OTHER POLICIES
I-CAT reserves the right to change and/ or modify any of the terms and conditions on this Agreement or any policy governing the Service from time to time. Please familiarize yourself with the latest terms and conditions as published on the website, www.lms.i-cat.co.za
10. ASSIGNMENT
Any Service provided by I-CAT under these terms and conditions are personal to You and cannot be transferred or assigned to any other person. I-CAT shall be entitled to assign these terms and conditions to any other company without prior notice to you and may transfer, sub-contract any of its rights or obligations to any third party at its discretion.
11. ENTIRE AGREEMENT
These terms and any document expressly referred to in them represent the entire agreement between us (“You and I-CAT”) in relation to the Services, Online Course, Course Material and Training Videos and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these terms, except as expressly stated in these Terms and Condition.
12. FORCE MAJEURE
I-CAT shall not be liable to you for any breach of its obligations or terminations under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide Online Course due unavailability of network services or Government regulation.
13. LAW AND JURISDICTION
This Agreement shall be governed by and construed and take effect in accordance with the laws of the Republic of South Africa. Parties to this Agreement agree to submit to the exclusive jurisdiction of the South African courts.
14. NOTICES
14.1. Any notice required or permitted to be given by either party under these Terms and Conditions shall be in writing.
14.2. I-CAT will contact You on the contact details you provided upon registration.
14.3. You may contact us on any of the following details:
Address: 38 Amatole Road, N4 Gateway Industrial Park West, Willow Park Manor, Ext. 65, Pretoria 0184
Email: firetraining@i-cat.co.za;