Kailo Training Institute (Pty) LTD (KTI) Website Usage Terms & Conditions

THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE KTI WEBSITES OR ANY PART THEREOF (THE KTI WEBSITE) IN TERMS OF SECTION 11 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (ECT) ACT 25 OF 2002.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST LEAVE THE KTI WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.

A COPY OF THE ECT ACT MAY BE DOWNLOADED FROM:
http://www.polity.org.za/pdf/ElectronicCommunications.pdf

DEFINITIONS AND INTERPRETATION

a)   KTI website- and Learner Management (LMS) website” means the KTI; whose website is located at www.kailo.org.za and/or www.kailo.co.za and includes any part or element thereof.

b)   “User” means any person who enters, uses or registers on the KTI- and LMS website, notwithstanding the fact that such a person only visited the home page of the KTI- and LMS website;

c)   References herein to the singular include the plural and vice versa; and

d)   Notwithstanding the fact that hyperlinks in these terms and conditions to copyright notices and legislation should be deemed part of these terms and conditions in terms of section 11 of the ECT Act, 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 terms and conditions.

GENERAL

KTI is a registered South African company. KTI are the Copy Right Holder of all our module-, training- and workshop material, webinars, videos, books, tools and other material and or electronic information in all formats.

ALLOWED USE AND LICENSE

2.1   KTI licenses the User to view the content of the KTI website, purchase study material, workshops, webinars, online training courses and/or other material provided that such content is used for personal, purposes only.

2.2   Content from the KTI website shall not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of KTI.

2.3   Users may only access and use the KTI website for online study benefits, workshops, webinars, online training registration and purchases.

2.4   The caching of the KTI website shall only be allowed if:

2.4.1   The purpose of the caching is to make the onward transmission of the content from the KTI website more efficient

2.4.2   The cached content is not modified in any manner whatsoever

2.4.3   The cached content is updated at least every 12 (twelve) hours; and

2.4.4   The cached content is removed or updated when so required by KTI.

2.5   If any User uses content from the KTI website in breach of the provisions detailed herein:

2.5.1   KTI reserves the right to claim damages from the User

2.5.2   KTI reserves the right to institute criminal proceedings against the User; and

2.5.3   KTI shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6   Hyperlinks to the KTI website from any other source shall be directed to the home page of the KTI website. KTI shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of content from the KTI website, if such content was accessed through a hyperlink not directed to the home page of the KTI website. Persons that wish to link to content beyond the home page of the KTI website shall do so at their own risk and indemnify KTI against any loss, liability or damage that may result from the use of content from the KTI website if such content was accessed through a hyperlink not directed at the home page of the KTI website.

KTI’s non-liability for deep linking is based on the fact that deep links bypass these terms and conditions.

2.7   Users may quote small and reasonable amounts of content available from the KTI website only if such a quote is placed in inverted commas and acknowledged.

2.8   No person may frame the KTI website, in any manner whatsoever, without the prior written consent of KTI.

2.9   Apart from bona-fide search engine operators and use of the search facility provided on the KTI website by 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 KTI website for any purposes, without the prior written consent of KTI.

2.10   All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by KTI at any time without giving reasons, therefore.

INTELLECTUAL PROPERTY RIGHTS AND DOMAIN NAME USE

3.1   All intellectual property on the KTI websites, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons, and hyperlinks are the property of or licensed to Kailo Training Institute and/or our joint venture partners and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the KTI website are expressly reserved.

3.2   “KTI” “Kailo”, ‘’KTI LMS’’, are registered entities and Users agree not to use these as elements of a domain name or subdomain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Upon request to do so, a User shall immediately cease to use such domain name and transfer it to KTI at the cost of the User.

SOFTWARE AND EQUIPMENT

It is the responsibility of the User to acquire and maintain, at his/her own expense, the computer hardware, software, lines, and access accounts to access the Internet and the KTI website and/or purchase or download content from this website.

DISCLOSURES ARE REQUIRED BY SECTION 43 OF THE ECT ACT

Access to the services, content, software and content downloads available from the KTI website is classified as “electronic transactions” in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and KTI has the duty to disclose the following information:

5.1   The full name and legal status of the website owner: Kailo Training Institute (Pty) LTD;

5.2   Street address: 425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa

5.3   Postal address: P.O. Box 165, Garsfontein, Gauteng, 0042, South Africa;

5.4   Physical address for receipt of legal service:  425A Ronald Street, Garsfontein Pretoria, Gauteng, South Africa

5.5   Main business: The main business of KTI is the provision of online training- and face-to-face training, training material, webinars, books, tools, training services and  information;

5.6   The website address of the KTI website is: www.kailo.org.za and/or www.kailo.co.za;

5.7   The official e-mail addresses of the KTI website are ;

5.8   The Manual published in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA MANUAL) of the owner of the KTI website may be downloaded from Inter Trauma Nexus’ website as listed at the end of this document:

5.9   KTI Management:

5.9.1 Dr LB Louw – CEO, Dean and Facilitator
5.9.2 Rev JHW Louw – CFO, Registrar, Project Administrator and Facilitator
5.9.3 Management Reference Team

5.10   The costs associated with the access and use of the KTI website are as follows: expression of interest, preliminary interview, invitation to register and pay for the modules.

5.11   Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.11.1   access to the KTI website

5.11.2   the inability to access the KTI website

5.11.3   the services and content available from the KTI website; or

5.11.4   these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Pretoria in English. The arbitration ruling shall be final, and the unsuccessful party shall pay the costs of the successful party on a scale between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za;

5.12   Cooling-off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling-off provisions of the ECT Act do not apply to this website

5.13   Users may lodge complaints concerning the KTI website with KTI at .

CHANGES AND AMENDMENTS

KTI expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:

6.1   change these terms and conditions

6.2   change the content and/or services available from the KTI website/s

6.3   discontinue any aspect of the KTI website/s or service(s) available from the KTI website/s; and/or

6.4   change the software and hardware required to access and use the KTI website/s.

PRIVACY

7.1   KTI shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

7.2   KTI may electronically collect, store, and use the following personal information of Users:

7.2.1   name and surname

7.2.2   contact numbers and other personal information required by professional bodies and or employers

7.2.3   non-personal browsing habits and click patterns

7.2.4   e-mail address; and

7.2.5   IP address.

7.3   KTI collects, stores, and uses the abovementioned information for the following purposes:

7.3.1   Communicate requested information to the User

7.3.2   Provide the User with access to restricted pages on this website; and

7.3.3   to compile non-personal statistical information about browsing habits, click patterns, and access to the KTI website.

7.4   Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5   KTI may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1   KTI shall not disclose personal information from Users unless the User consents thereto

7.5.2   KTI shall disclose information without the User’s consent only through due legal process; and

7.5.3   KTI may compile, use, and share any information that does not relate to any specific individual

7.6   KTI owns and retains all rights to the non-personal statistical information collected and compiled by KTI

HYPERLINKS TO THIRD PARTY SITES

8.1   KTI may provide hyperlinks to websites not controlled by KTI (target sites) within the LMS and such links do not imply any endorsement, agreement on or support for the content of such target sites but merely for learning or illustration purposes.

8.2   KTI does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.

SECURITY

9.1   KTI shall take all reasonable steps to secure the content of the KTI website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, KTI does not make any warranties or representations that content shall be 100% safe and secure

9.2   KTI is under no legal duty to encrypt any content or communications from and to the KTI website and is also under no legal duty to provide digital authentication of any page on the KTI website

9.3   Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, to the KTI website or the server and computer network that support the KTI website

9.4   Notwithstanding criminal prosecution, any person who delivers any damaging code to the KTI website, whether on purpose or negligently, shall, without any limitation, indemnify and hold KTI harmless against any and all liability, damages, and losses KTI and its partners/affiliates may suffer as a result of such damaging code

9.5   Users may not develop, distribute, or use any device to breach or overcome the security measures of the Product and KTI reserves the right to claim damages to any and all persons concerned with a security failure or breach

9.6   Any User who commits any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liability, loss or damages suffered and/or incurred by KTI and its partners/affiliates. The ECT Act may be downloaded from: http://www.polity.org.za/pdf/ElectronicCommunications.pdf

DISCLAIMER AND LIMITATION OF LIABILITY

10.1   Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, KTI (including its owners, employees, suppliers, Internet service providers, partners, affiliates, and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1   access to the KTI website

10.1.2   access to websites linked to the KTI website

10.1.3   inability to access the KTI website

10.1.4   inability to access websites linked to the KTI website

10.1.5   content available on the KTI website

10.1.6   services available from the KTI website

10.1.7   downloads, purchases and use of content from the KTI website

10.1.8   any other reason not directly related to KTI’s gross negligence.

10.2   The KTI website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with KTI, that the content available from and through the KTI website meets the User's individual requirements and is compatible with the User's computer hardware and/or software.

10.3   Information, ideas and opinions expressed on the KTI website should not be regarded as professional advice or the official opinion of KTI and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the KTI website.

10.4   KTI does not make any warranties or representation that content and services available from the KTI website will in all cases be true, correct, or free from any errors. KTI shall take all reasonable steps to ensure the quality and accuracy of content available on the KTI website.

10.5   KTI does not make any warranties or representations that the KTI website shall be available at all times. Users acknowledge that the KTI website may be unavailable due to updates or other causes beyond the reasonable control of KTI, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God”.

REMOVAL AND CORRECTION OF CONTENT

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the KTI website to KTI and KTI undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

INTERCEPTION OF COMMUNICATIONS

12.1   Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to KTI’s right to intercept, block, filter, read, delete, disclose, and use all communications send or posted by the User to the KTI website, its staff and employees.

12.2   The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

ENTIRE AGREEMENT AND SEVERABILITY

13.1   Subject to the provisions of the Content Use License, these terms and conditions constitute the entire agreement between KTI and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by KTI from the User.

13.2   Any failure by KTI to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3   In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

AGREEMENT IN TERMS OF SECTION 21 OF THE ECT ACT

The User and KTI agree that:

14.1   the User shall be bound to these terms and conditions and such agreement is concluded in Pretoria (South Africa) at the time the User enters the KTI website for the first time or immediately after the User indicated consent as required in Content Use Agreement:

14.2   data messages (as defined in the ECT Act) addressed by the User to KTI shall only be deemed to have been received if and when responded to

14.3   data messages (as defined in the ECT Act) addressed to the User by KTI shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act

14.4   data messages (as defined in the ECT Act) addressed by the User to KTI shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa

14.5   electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and KTI, and

14.6   the User agrees and warrants that data messages that are sent to KTI from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally.

APPLICABLE AND GOVERNING LAW

The KTI website is hosted, controlled, and operated by the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the KTI website, its content, services and these terms and conditions.

LEGAL COSTS

KTI shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

© ALL RIGHTS NOT EXPRESSLY ALLOWED ARE RESERVED.
 These are terms and conditions that belong to KTI

Last Updated: 07 April 2022