- In terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these Terms and Conditions (“T&C’s”) are binding and enforceable against all persons that access the PocketAdvisor Platform.
- If you do not agree with the T&C’s, do not accept and do not click the accept box. Leave immediately and terminate use of the Platform. Any delay in leaving and terminating use of the Platform shall be regarded as the User’s full and unconditional understanding and acceptance of these T&C’s.
- 1 DEFINITIONS AND INTERPRETATIONS
1.1 In these T&C’s, unless the context indicates that some other meaning is intended:
1.1.1 “PocketAdvisor” means PocketAdvisor (Pty) Ltd with registration number 2016/529808/07, a limited liability Company incorporated in terms of the laws of the Republic of South Africa;
1.1.2 “Platform” means the PocketAdvisor Platform as presented on the Website or any other affiliated domain;
1.1.3 “Program” or “Product” means as a collective a Product that constitutes a training course or Program together with its Resources that the Register User purchases in exchange for a fee paid to PocketAdvisor;
1.1.4 “Registered User” is any User person whether a natural or juristic person who has completed the electronic registration for the Platform;
1.1.5 “Resources” means the documents and other downloadable resources supplied in each Program or module thereof;
1.1.6 “User” means a natural or juristic person that uses the Platform in any way and therefore includes any Registered User;
1.1.7 “Website” means www.pocketadvisor.co.za
1.2 Any words indicated with inverted commas and starting with a capital letter shall bear the definition of the phrase or concept immediately preceding same as if it were included as a definition in terms of this clause;
1.3 References herein to the singular include the plural and vice versa; and
1.4 Hyperlinks have been used in these T&C’s. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these T&C’s.
2.1 Access to the PocketAdvisor Platform and the use thereof is available primarily to Registered Users.
2.2 In order to register as a User of the Platform the User must acknowledge all these T&C’s by clicking the acceptance box when registering as a User and shall further adhere to the stated registration rules, perform the registration procedure, provide accurate, complete and true data and choose a password. No User may use the login details, name of another person or entity that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. Such Usernames shall be deleted without prior notice. By completing the registration process every User receives his/her own User account.
2.3 By registering, the User agrees to receive notices related to administration or their use of the PocketAdvisor Platform and/or any legal or natural persons appointed, engaged or authorised by PocketAdvisor.
2.4 The User is responsible for safeguarding its authentication information, including their password, that the User makes use of to access the Platform, and for any activities or actions under the Users authentication information, whether your authentication information is with the Platform or a third-party service.
2.5 The User agrees not to disclose their authentication information to any third party. The User must reset their password immediately upon becoming aware of any breach of security or unauthorised use of their account.
2.6 The User is NOT in any way granted rights, to copy the Products, in whole or in part, directly or indirectly, temporary or permanently, by any means and in any form, as well as to translate it into other languages, to adapt, edit or in any other way modify the Products. All rights, interest and title in intellectual property in these Products or this Platform is, and remains, the exclusive property of PocketAdvisor, and any unlawful or unauthorised use, modification, alteration, on-sell or distribution, is punishable by law.
2.7 It is expressly prohibited to use the Product commercially for any purpose or for any need not directly related to the Registered User’s internal business. It is particularly prohibited to lease or distribute the original or copies of the Product by selling or otherwise, or offering them with the intention of selling, as well as to print, publish, and make available to the public, through wired or wireless systems, by enabling unauthorised third persons to access the Products from places and at times of their own choosing (e.g. internet publishing), without obtaining prior written consent from PocketAdvisor.
2.8 The User is not authorised to transfer their rights to associated or non-associated legal or natural third persons, including their affiliate Companies, or to grant any such third persons any right to use the Product without prior written consent granted by PocketAdvisor.
2.9 Users are responsible for their own backups of completed Resources.
2.10 There is a strict no refunds policy. Regrettably, also no refunds in case of inaccurate completion of any Resources. Accurate completion is the sole responsibility of the User.
2.11 Upon termination, the User’s right to use the Platform will immediately cease.
2.12 Termination of registration does not remove the User’s liability for possible violations and/or damage inflicted during the validity period of the User’s registration.
3.1 PocketAdvisor may from time to time review the prices that it charges on the Platform and shall in its sole discretion update it from time to time without any prior notification to any of the Users.
3.2 If a User wishes to purchase any Product made available through the Platform, the Registered User may be asked to supply certain information relevant to their Purchase including, without limitation, their credit card number, the expiration date of the credit card and User’s billing address.
3.3 The User represents and warrants that:
3.3.1 they have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase of a Product; and that
3.3.2 the information you supply to us is true, correct and complete.
3.3.3 By submitting the information outlined in these T&C’s, the User grantsPocketAdvisor the right to provide the information to third parties for purposes of facilitating the completion of Purchase of Products.
3.3.4 PocketAdvisor reserves the right to unliterally prohibit access to the PocketAdvisor Platform upon non-payment, partial payment or delayed payment. This includes:
22.214.171.124 Prohibiting access to the PocketAdvisor Platform and;
126.96.36.199 Prohibiting access to records.
188.8.131.52 PocketAdvisor reserves its rights to refuse or cancel the User’s order if fraud or an unauthorised or illegal transaction is suspected.
4 AUTOMATED ACCESS
Other than bona fide public search engines, the User may not access any pages on this PocketAdvisor Platform using any automated process or technology, including, without limitation, any web spiders, crawlers, or similar technologies.
5 ALTERATION TO THESE CONDITIONS OF USE
SchoemanLaw reserves the right to alter these T&C’s at any time, and will in the case of a material change, post a notification that the T&C’s have changed on the PocketAdvisor Platform. The Users will be responsible for reviewing any such changes each time the User accesses the Platform and their continued use of the Platform after the changes have been posted to the Platform shall constitute an unconditional acceptance of the T&C’s as amended.
6 UNAVAILABILITY OF THE PLATFORM
The User acknowledges and accepts that the Platform may become unavailable from time to time due to various circumstances, including: technical failure or problems with the Platform; technical failure or problems with third party information technology systems; unavailability of telecommunication or electricity services; or other circumstances beyond the control of PocketAdvisor, in which case there shall be no claim whatsoever arising against PocketAdvisor.
7 PROHIBITED CONTENT AND PRACTICES
7.1 It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of South Africa, particularly content that is untrue, deceptive, offensive, vulgar, threatening, racist or chauvinist, content violating intellectual property rights, content considered as unauthorised disclosure of personal data or as violation of the right of privacy of Users or third parties, as well as any other content which may cause damage to PocketAdvisor, other Users or third parties (“Prohibited Content”).
7.2 It is not allowed (hereinafter “Prohibited Practices”) to:
7.2.1 Use the Platform in a manner which may cause damage to PocketAdvisor, other Users or any third party;
7.2.2 publish, upload, exchange or transmit Prohibited Content;
7.2.3 publish, upload, exchange or transmit any content that the User knows to be false or untrue, or has justifiable reasons to believe it to be false or untrue, and whose use may cause damage to PocketAdvisor, other Users or third parties;
7.2.4 for any User misrepresenting him/herself for the purpose of deceiving PocketAdvisor, other Users or third parties;
7.2.5 publish, upload, exchange or transmit to PocketAdvisor, other Users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature;
7.2.6 purposeful publishing, uploading, exchange or transmission of any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Platform, cause damage or destruction of any computer program, or any computer and other equipment owned by PocketAdvisor, other Users or third parties;
7.2.7 collect, process or use personal data of the Users or third parties in an unauthorised manner;
7.2.8 engage in overt or covert advertising (verbal or graphic representation of Products, services, personal names, names of companies, names, trademarks (registered or unregistered trademarks and service marks), businesses etc.) in an unauthorised manner.
7.3 Users or third parties shall be legally liable for failure to comply with the provisions of these T&C’s related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to PocketAdvisor, other Users and/or third parties.
7.4 PocketAdvisor reserves the right, but does not assume the obligation, to cancel the account of a User as a result of the User’s Prohibited Practices or other unlawful behaviour, or any violation of these T&C’s that PocketAdvisor assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any User or third party.
7.5 In consequence of the above, PocketAdvisor cannot be held responsible for possible damage incurred to the User, other Users or third parties, caused by Prohibited Practices or cancellation of the User account in accordance with clause 7.4 above.
8 AVAILABILITY, ERRORS AND INACCURACIES
PocketAdvisor cannot and does not guarantee the accuracy or completeness of any information, including prices, Product images, specifications, availability, and services. PocketAdvisor’s right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice is fully and strictly reserved.
9 ELECTRONIC COMMUNICATIONS
Any communication or material the Registered User transmits to PocketAdvisor by electronic mail or otherwise, including, but not limited to any data, questions or answers, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary by PocketAdvisor, unless expressly agreed otherwise in writing. Electronic communications shall only be deemed to have been received if and when responded to in a manner, other than by way of an automated response. Information contained in electronic communications must be regarded as confidential and intended solely for the use of the intended recipient. Any unauthorised disclosure, copying, distribution or action in reliance upon the contents of this electronic communication is strictly prohibited and unlawful. Whilst PocketAdvisor employs virus filtering, we provide no guarantees or warranties that electronic communication will be virus-free. The User is accordingly advised to employ their own virus scanning tools. The views expressed in any electronic communications transmitted are those of the individual sender unless the context clearly provides otherwise.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 All these Programs, Resources and associated materials are copyright-protected.
10.2 All intellectual property on the PocketAdvisor Platform, Website and Products, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to PocketAdvisor and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these T&C’s, all of the rights to intellectual property on the PocketAdvisor Platform, Website and Online Products are expressly and strictly reserved.
10.3 All rights, interest and title in intellectual property in these Products or this Platform are, and remain, the exclusive property of PocketAdvisor, and any unlawful or unauthorized use, modification, alteration, on-sell or distribution, is punishable by law.
11 INDEMNITY AND WARRANTIES
11.1 As a condition of the User’s use of the Platform, the User hereby indemnifies PocketAdvisor where there is no consultation time prior to purchasing or using any of these Products. PocketAdvisor cannot, and does not, guarantee the appropriateness of any of these Products as contained on this Platform. Any purchases are thus made solely at the User’s own risk, any loss, claims, demands, proceedings, damages and expenses of whatsoever nature arising from the use of this Platform and any of the Products therein contained, that PocketAdvisor may incur as a result of the User’s actions or omissions with regards to the use of the PocketAdvisor Platform or use of information contained on the PocketAdvisor Platform.
11.2 Use of the Platform or Website or the information contained thereon is entirely at the User’s own risk and accepts full responsibility for all risks that may result from the use of the Platform. PocketAdvisor will not be liable for damages of any nature whatsoever which may arise out of the use of the Platform or Website the information contained thereon.
11.3 Notwithstanding anything to the contrary contained above, in no event shall PocketAdvisor, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
11.3.1 Any User’s access to or use of or inability to access or use the Platform/Website;
11.3.2 any conduct or content of any third party on the Platform/Website;
11.3.3 any content obtained from the Platform/Website; and
11.3.4 any unauthorised access, use or alteration of your transmissions or content, whether based on warranty, contract, delict including negligence and excluding gross negligence, whether we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
11.4 The Users make use of the Platform at their own sole risk. The Platform is provided on an “AS IS” and “AS AVAILABLE” basis. The Platform is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
11.5 PocketAdvisor has taken all commercially reasonable measures to ensure the integrity of the Platform and no warranty is given that any material downloaded from the Platform/Website is free of viruses, bugs, or the like that may have the ability to corrupt the operation of your computer system.
12 LINKS TO THIRD PARTY PLATFORM
12.1 PocketAdvisor shall not control or supervise content available through the Links and therefore we cannot guarantee the accuracy, truthfulness, origin, contents, or availability thereof.
12.2 In consequence of the above, PocketAdvisor cannot be held responsible for possible damage caused regarding publishing, removing, or using any Link, or relying on any content available via the Link.
13 DISCLOSURES REQUIRED BY SECTION 43 OF THE ECTA
13.1 Access to the services, content, software and downloads available from the Online Products may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, PocketAdvisor provides the following information:
13.1.1 The full name and legal status of the Online Product owner: PocketAdvisor (Pty) Ltd and Registration Number: 2016/529808/07
13.1.2 Postal address: P.O. Box 507 Cape Town 8000;
13.1.3 Physical address for receipt of Legal Services: 26th Floor, 1 Thibault Square, 1 Long Street, Cape Town City Centre, Cape Town, 8000;
13.1.4 Main business: Online Training and Coaching
13.1.5 The Website address of thePocketAdvisor Website is: https://www.pocketadvisor.co.za
13.1.6 The official e-mail address of thePocketAdvisor Website is: firstname.lastname@example.org
13.1.7 Access to the PocketAdvisor Website is provided free of charge. Only use of the Programs and therefore Products are at a fee;
13.1.8 Users may lodge complaints concerning the Online Products email@example.com
14 GOVERNING LAW
The validity of this Agreement, its interpretation, the respective rights and obligations of the Parties and all other matters arising in any way out of it or its expiration or earlier termination for any reason shall be determined in accordance with the laws of the Republic of South Africa.
15.1 PocketAdvisor will respect the privacy of the Users and will take reasonable measures to protect it, as more fully detailed below.
15.2 When registering as a User on the Platform, PocketAdvisor will require that Registered Users provide us with personal information.
15.3 Should the Registered User’s personal information change, the Registered Usert shall inform PocketAdvisor and provide it with updates to his/her/its personal information as soon as reasonably possible to enable PocketAdvisor to update such personal information.
15.4 The Registered User may choose to provide additional personal information toPocketAdvisor, in which event the Registered User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
16 PURPOSE AND MANNER OF PERSONAL DATA COLLECTION AND USE
PocketAdvisor collects and processes personal data in accordance with the provisions of the European Union General Data Protection Regulation (“GDPR”) and Protection of Personal Information Act, No 4 of 2013 (“POPIA”), as amended and other regulations in force in the Republic of South Africa.
17 PRIVACY STATEMENT IN TERMS OF THE GDPR AND POPIA
17.1 Data will be collected for specified purposes of using the Platform and accessing its Programs and Products:
17.1.1 The Registered User’s full name, South African Identity Number, Industry, Email address, Mobile Number, Telephone Number, Address, IP address, non-personal browsing habits and click patterns.
17.1.2 The Registered User’s full name, South African Identity number/Registration Number (if applicable), Email address, Telephone Number, Mobile Number, Fax Number, Physical Address, Postal Address, IP address, non-personal browsing habits and click patterns.
17.1.3 As and when necessary, PocketAdvisor may electronically collect, store, disclose and/or use the personal information.
17.1.4 Information collected from Registered Users is required only to compile, sell and deliver the Products and/or Services to the Registered Users and, save for Client satisfaction contact or full resolution of any issue raised by PocketAdvisor, such information shall not be used for any other purpose without the Registered User’s prior consent.
17.1.5 All information collected is kept strictly confidential and all reasonable steps are taken to ensure that information is secured in storage and ultimate destruction. It will not be shared with any third party without the prior written consent of the Registered User.
17.1.6 PocketAdvisor shall take all reasonable steps to protect the personal information of Registered Users and is committed to respecting the privacy of the Registered User’s personal information. For the purpose of these T&C’s, “personal information” shall be defined as detailed in the POPIA. As and when necessary,PocketAdvisor may electronically collect, store, disclose and/or use the following of the Registered User’s personal information.
17.1.7 PocketAdvisor will ensure that all our employees, third-party service providers, (including their employees and third-party service providers) having access to the Registered User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the Registered User’s personal information and meet any applicable law, regulation, legal process, or enforceable governmental request.
17.1.8 The Registered User’s personal data will be hosted and stored in countries which might not have the adequacy decision of the European Union; other third-party contractors may have access to your data only for the purpose specified herein and the access of such third parties is strictly controlled.
17.1.9 Whenever PocketAdvisor is sending data to countries that are not providing the same level of protection as the EU’s GDPR, PocketAdvisor will use appropriate safeguards to protect the Registered User’s personal data, including but not limited to Standard Contractual Clauses for Processors.
17.2 PocketAdvisor collects stores and uses the abovementioned information in order to:
17.2.1 Communicate requested information to Registered Users;
17.2.2 Respond to queries, responses or complaints submitted by Registered Users;
17.2.3 Process orders or applications for PocketAdvisor Products and/or services;
17.2.4 Create Products or services that may meet the future requirements of Registered Users;
17.2.5 Provide Registered Users with access to restricted pages on the Platform; and
17.2.6 Compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
17.4 PocketAdvisor may further collect non-personal information, for example, the Registered User’s IP address, the date and time of their visits to the PocketAdvisor Platform, and browser history, to recognise the Registered User during any subsequent visits to the PocketAdvisor Platform and/or use of the online services. PocketAdvisor may further use this non-personal information to develop future Products and/or services to meet the Registered User’s requirements and needs.
17.5 PocketAdvisor owns and retains all rights to non-personal statistical information collected and compiled by PocketAdvisor.
2.6 PocketAdvisor will not share the Registered User’s personal information outside of PocketAdvisor except in the following cases:
17.5.1 With prior consent;
17.5.2 With its employees and/or third-party service providers who assist with the Platform;
17.5.3 When processing of information is necessary for the performance of a contract with the Registered User;
17.5.4 WhenPocketAdvisor has a legal obligation share the information;
17.5.5 When the information is necessary in order to protect the vital interests of the Registered User or of another person;
17.5.6 When the information is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested;
17.5.7 Then the information is necessary for the purposes of the legitimate interests pursued by the PocketAdvisor or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Registered User which require protection of personal data.
18 COLLECTION AND PROCESSING OF PERSONAL DATA BY OTHER USERS OR THIRD PARTIES
The Platform contains content and may contain Links to third-party Platform, through which other Registered Users or third parties may gain authorised or unauthorised access to the Registered User’s personal data. These T&C’s do not apply to the collection, processing or use of personal data that the Registered User has communicated to other Registered Users and/or third parties. It is in the Registered User’s best interest to acquaint themselves with the rules of personal data protection, and the protection of privacy applied by other Registered Users and/or third parties.
19 MODIFICATION AND DELETION OF PERSONAL DATA
The Registered User is legally entitled to request modification or deletion of their personal data, or deletion from the Registered User database at any time. Modification or deletion of data shall be effected on the basis of an appropriate notice addressed to PocketAdvisor as outlined above.
20.2 A cookie is a group of data serving as the Registered User’s anonymous individual identifier that is sent to your browser by Platform. Cookies are sent when the Registered User accesses the Platform. They are stored on the Registered User’s computer and serve to record information about the Registered User’s subsequent online visits. Therefore, after a cookie has been stored on the Registered User’s computer every time the Registered User returns to the Platform, it shall look for the cookie in order to read the stored data.
20.3 A cookie is an anonymous individual identifier, it does not contain or send any personal information to the Platform that is stored on your computer, but only enables faster and more efficient activation of information, data and settings previously communicated during access and use of the Platform.
20.4 The Registered User can modify or disable cookies through the Options or Settings of their browser that allows the Registered User to select an appropriate option for receiving cookies, or even to disable them completely. However, disabling cookies completely will reduce the efficiency of some content available on some Platform.