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Site Requirements

Van Zyl Rudd Online is compatible with most internet browsers, and functions optimally on the browsers and screen resolution detailed below. If you are using a dated version of one of the browsers listed, we recommend that you update to the latest version.


Screen Resolution

Our site is best viewed at 1024 X 768. 

 

Supported Browsers

Apple: 

  • Mac OS X: Safari on OSX 10.2 or better
  • Mac OS 9 or a lesser version use Netscape
  • Opera 6


Linux/Unix:

  • Firefox 0.9 or better
  • Mozilla 1.2 or better
  • Konqueror 3.1 or better
  • Opera 6 or better

 

Windows :

  • Firefox 0.9 or better
  • Mozilla 1.2 or better
  • Opera 6 or better
  • Internet Explorer 7 or better 

 

Disclaimer

Last Updated: 29 June 2016 

While we have taken care to ensure that the content on this website is accurate and that you suffer no loss or damage because of your use of this website, this website and the services accessible on or via this website are provided "as is" and your use of this website and the online services is at your own risk.

We do not warrant that the website, any tools such as calculators, software, information, content or online services will be error-free or will meet any particular criteria of accuracy, completeness, reliability, performance or quality.

We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. While we take all reasonable precautions to prevent this we do not warrant that the website or any documents available for download via the website is free of viruses or destructive code.

We and our affiliates, shareholders, agents, consultants or employees are not liable for any damages whatsoever relating to your use of this website or the online services or the information contained on this website or your inability to use this website or the online services. This includes, without limitation, any direct, indirect, special, incidental, consequential or punitive damages, whether arising out of contract, statute, delict or otherwise and regardless of whether we were expressly advised of the possibility of such loss or damage.

Without derogating from the generality of the above, we will not be liable for:

  • any interruption, malfunction, downtime or other failure of the website or online services, our system, databases or any of its components, for whatever reason;
  • any loss or damage arising from your orders, investment decisions, purchases or disposal of products and services, including financial instrument(s) or currency, from third parties, based on the information provided on this website;
  • any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects or negligence on our part;
  • any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers (currently Telkom), internet service providers, electricity suppliers (currently Eskom), local authorities and certification authorities;
  • any event over which we have no direct control.

Terms and Conditions

IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEB SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SET OUT BELOW. BY USING THIS SITE THE USER AGREES AND IS DEEMED TO HAVE AGREED TO OBSERVE ALL TERMS and CONDITIONS OF USE, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEB SITE.

Content:

Definitions

Use of this site

Amendments to content and information

Owner information and required disclosures

No offer

Disclaimers

Indemnity

Consumer rights and security

Subscriptions 

Receipt of data messages
 
Monitoring and interception of data messages

Submission of content

Security

Copyright and intellectual property protection

Privacy and confidentiality of communications 

Hyperlinks, deep links and framing
 
Termination of this agreement

Applicable law

Consent to jurisdiction / alternative dispute resolution

Amendment of these terms and conditions

Enforceability of these terms and conditions

Date of last review

 



Definitions

 
"web site owner" and/or "we" means Van Zyl, Rudd and Associates (Pty) Ltd ("VZR")
"user" means any person accessing any part of the web site
"consumer" means any natural person (not a company, CC, trust etc) who enters or intends entering into an electronic transaction with this site as the end-user of the goods offered by this site
"this web site" means
http://www.vanzylrudd.co.za and all sub pages thereof excluding links to external sites
"ECT Act" means the Electronic Communications and Transactions Act 25 of 2002



Use of this site

 
1. Van Zyl Rudd Online is comprised of information and content, which includes but is not limited to online libraries and e-commerce.

 

2. VZR may, in its sole discretion, amend these terms and conditions from time to time at which time the new terms and conditions will immediately come into effect in respect of further usage.

 

3. Use of this web site is strictly at the sole risk of the user.

 

4. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this web site for personal use.

 

5. Users wishing to utilise content for commercial purposes may only do so with the prior written permission of the web site owner. Requests for commercial use may be submitted by using the contact us page. The granting or refusing of permission is completely within the discretion of the web site owner, and may be conditional.

 

6. Any use of the content or any other part of this web site, including any content sent to users, must be clearly accompanied by the following: "© Van Zyl, Rudd and Associates [insert year in which content is copied]. All rights reserved."

 

 


 

Amendments to content and information

 
7. The web site owner expressly reserves the right in its sole discretion to effect any amendment or alteration to the content and information, including pricing, set out in this web site.

 

8. Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration effected.

 

 


 

Owner information and required disclosures under section 43 of the ECT Act

 
9. Please submit any query in respect of these Terms and Conditions or the use of this web site to us in any of the following ways:

 

Web site owner: Van Zyl, Rudd and Associates (Pty) Ltd

Company registration number: 90/03165/07

Directors: Brian van Zyl, Carol Rudd

Tel. +27 41 373 4322

Fax. +27 41 373 4323

E-mail: info@vanzylrudd.co.za

Web site: http://www.vanzylrudd.co.za

 

Physical Address:

13 Mclean Road

Mill Park

Port Elizabeth

SOUTH AFRICA

6001

 

Postal Address

PO Box 12758

Centrahil

6006

 

VAT Number: 4280111305



No offer

 
10. Users should regard nothing contained in this web site as an offer but rather as an invitation to do business.

 


 

Disclaimers

 
11. THIS ENTIRE WEB SITE, INCLUDING TEXT, IMAGES, LINKS, DOWNLOADS AND CODING, IS PROVIDED "AS IS" AND "AS AVAILABLE". THE WEB SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO THE CORRECTNESS OR SUITABILITY OF EITHER THE WEB SITE OR THE INFORMATION CONTAINED IN IT.

 

12. Subject to Chapter 7 of the ECT Act, the web site owner, its employees, suppliers, ISPs, partners, affiliates and agents, shall not be liable for any damage, loss or liability, howsoever arising, incurred by users or any other persons and resulting from the use or inability to use this web site.

 

13. Subject to Chapter 7 of the ECT Act and to the fullest extent possible under the applicable law, the web site owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this site in any manner.

 

14. The web site owner has no control over third party content and features which can be accessed through the use of this web site and does not examine or edit such content and features or act as an agent for third parties accessible through this web site. As such and to the fullest possible extent permissible under law the web site owner disclaims any liability whatsoever for any loss or damage arising from the use of third party web sites, contents and features.



INDEMNITY

 
15. USERS' AGREE TO INDEMNIFY AND HOLD HARMLESS THE WEB SITE OWNER, ITS OFFICERS, EMPLOYEES, ISPs, SERVANTS, SUBCONTRACTORS, PARTNERS, SUBSIDIARIES AND AFFILIATES FROM ANY DEMAND, ACTION OR 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 THE USERS USE OF THIS WEB SITE, THIRD PARTY WEB SITES OR ANY OF THE SERVICES OFFERED THROUGH SUCH SITES IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE PROVISION OF CONTENT.


 
CONSUMER RIGHTS and SECURITY
 
16. Under section 42(1)(h) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply to an electronic transaction for the sale of books.

 

17. Under sections 43(1) and (2) of the ECT Act the web site owner is required to disclose the information and procedures set out in these sections in respect of electronic transactions. In the event that a consumer proves that the web site owner has not set out the information and procedures as required then the consumer has the right to cancel the transaction within 14 days of receiving the relevant goods or services under the transaction. Under section 42(1)(d) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply to an electronic transaction for services which began with the consumer's consent before the end of a period of seven days from receipt of the service.

 

18. Where a transaction has been so cancelled then

 

(a) The consumer must return the performance of the supplier and/or immediately cease using the services performed; and

(b) The supplier must refund all payments made by the consumer less the direct cost of returning the goods, if any.

(c) Under section 42(1)(g) of the ECT Act the cooling-off period set out in section 44 of the Act does not apply where audio or video recordings or computer software were unsealed by the consumer.

 

19. Under section 43(5) of the ECT Act the supplier must utilise a payment system that is sufficiently secure with reference to accepted technological standards at the time of the transaction and the type of transaction concerned.

 

(a) This web site does not store any user credit card information;

(b) Transactions are processed through MWeb’s Safeshop payment gateway and by using a Thawte industry standard SSL. Thawte uses 128-bit digital certificates to activate Secure Sockets Layers (SSL) to ensure that all credit card details are sent encrypted to our merchant server. SSL encrypts information and makes it impossible for anyone to read while in transit.

(c) For more information on Thawte visit www.thawte.com

 

20. Under section 43(6) of the ECT Act the supplier will be liable for any damage suffered by a consumer as a result of the failure to comply with section 43(5).

 

21. VZR is registered for VAT and prices reflected on this web site are inclusive of VAT.

 

 


 

Subscriptions

 
22. When making application to become a subscriber, users agree that:

 

(a) they will be irrevocably bound by the terms and conditions applicable to the use of this web site

(b) they will provide full and accurate information

(c) it is the user's responsibility to check and update information pertaining to their user account

(d) on registration they will provide a username and password

(e) registration is for a single user and a subscriber's username and password cannot be shared with any other person

(f) a single username and password cannot be used to allow multiple access to other users over a network

 

23. Subscribers and users further undertake not to

 

(a) impersonate any other person or use a false or unauthorised name so as to create a false identity and/or e-mail address or to misrepresent the origin or identity of any communications

(b) modify, access or make available any data stored on a computer device which has been accessed through the web site owner's network

(c) make available or upload files that contain software or any other material not owned or licensed to the subscriber

(d) make use of the web site to collect, harvest or otherwise obtain personal information relating to other users or subscribers



RECEIPT OF DATA MESSAGES

 
24. Data messages, including e-mail messages, sent by users to the web site owner shall be deemed to be received only when acknowledged or responded to.

 

25. A data messages sent by the web site owner to users shall 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.

 

26. The web site owner reserves the right not to respond to any e-mail 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 e-mail where necessary.



MONITORING AND INTERCEPTION OF DATA MESSAGES

 
27. In order to provide a relevant and secure service, and where required to do so under law, the web site owner may monitor and/or intercept electronic communications such as e-mail which are sent to this web site. To the full extent necessary under law the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

 

 


 

Submission of content

 
28. Any content received by e-mail or other data message will be assumed to have been submitted for publication free of charge, unless the sender clearly stipulates that payment for the content is required and includes all relevant contact and pricing information in the e-mail or other data message.

 

29. The publication of content, either on-line or off-line, is within the sole and exclusive discretion of the web site owner.



Security

 
30. While we take all reasonable security precautions and subject to, no liability will lie for damage caused by the malicious use of this site or by destructive data or code that is passed on to the user through the use of this site.

 

31. The following acts in connection with this web site are expressly prohibited:

 

(a) Gaining or attempting to gain unauthorised access to any web page or part of this web site;

(b) Delivering or attempting to deliver any unauthorised or malicious code or content to this web site; and/or

(c) Any amendment to or attempt to amend any of the content or any other part of this web site by unauthorised persons.

 

32. We will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this web site or attempts to gain unauthorized access to any page on or part of this web site.

 



Copyright and Intellectual Property Protection

 
33. Copyright in all information, images, source codes and other original material contained in this web site which is not attributed to a third party, is held by or licensed to the web site owner. THE WEB SITE OWNER ASSERTS AND RESERVES ALL ITS RIGHTS, INCLUDING MORAL RIGHTS, IN THIS REGARD.

 

34. The web site owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.

 

35. If you believe that this site in any way infringes a third party copyright or other intellectual property right please contact us specifying the full details of the alleged infringement.

 



Privacy and Confidentiality of Communications

 
36. Further information regarding the manner in which we respect the privacy of users' personal information is contained in our Privacy Policy.

 

37. The web site owner may monitor and intercept communications made through his web site in order to promote the secure and efficient operation of the web site. Users irrevocably agree that they consent to such interception and monitoring as may be reasonably carried out by the web site owner.

 



 

Hyperlinks, deep links and framing

 
38 Permission to link to this web site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this web site at any time and for any reason.

 

39. Hyperlinks contained on this web site and directed towards other web sites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. This web site in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to web site.

 

 

40. Use of the sites or pages linked to is accordingly exclusively at the risk of the user.

 

41. The express permission in writing of the web site owner, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be submitted through our contact us page.

 



Termination of this agreement

 
42. The web site owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this web site and/or to terminate the access rights of any user where, for example and without limitation:

 

43. The web site owner regards the action or inaction of a user to constitute a breach of these terms and conditions;

 

44. The web site owner regards the action or inaction of a user to constitute abuse of the services offered through this web site.

 

45. Events beyond the reasonable control of the web site owner, including technical failures, prevent the continuing provision of the web site.

 



What law governs this Agreement?

 
46. The user hereby agrees that the law applicable to these terms and conditions of use, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.

 

47. This web site is owned, hosted and maintained within the Republic of South Africa.

 

48. When using this site and agreeing to these Terms and Conditions such use and agreement is deemed to have taken place in Port Elizabeth, South Africa.

 

49. Users of this web site are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.

 



Consent to Jurisdiction/Alternative Dispute Resolution

 
50. The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this web site.

 

 

 

51. Any dispute arising out of or in connection with these Terms and Conditions including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause.

 

52. Where the dispute has arisen in South Africa between parties in South Africa the place of the arbitration is deemed to be Port Elizabeth, so the arbitration will be governed by these rules and by the arbitration law of South Africa and the dispute will be resolved in accordance with the law of South Africa.

 

53. Where the dispute has arisen between parties in different countries the arbitration is deemed to be an international arbitration, and the place of the arbitration is deemed to be Auckland, New Zealand, so the arbitration will be governed by the TrustEnforce.org mediation and arbitration rules and by the arbitration law of New Zealand, which has adopted the UNCITRAL Model Law on International Commercial Arbitration. In the case of an international arbitration the dispute will be resolved in accordance with the United Nations Convention on Contracts for the International Sale of Goods (1980)(if concerned with the sale of goods)and the UNIDROIT Principles of International Commercial Contracts (1994), supplemented where necessary by the CENTRAL List of Lex Mercatoria principles, rules and standards.

 

54. The language used during the dispute resolution process will be English.

 

55. Further information on Trustenforce.org is available from www.trustenforce.org.

 



Amendment of the terms and conditions of this Agreement

 
56. Please note that, due to legal and other developments, we may be required to amend these Terms and Conditions of Use from time to time. Please refer to the last revision date at the foot of this page.

 

57. We will attempt to give notice of any amendments, but reserve the right to effect binding amendments, additions or deletions without notice.

 



Enforceability of this Agreement

 
58. Users may not cede, sub-license or otherwise transfer any rights they may have under these terms and conditions or which may otherwise have been obtained through the use of this site.

 

59. In the event of any part of these Terms and Conditions being found to be partially or fully unenforceable, for whatever reason, this shall not effect the application or enforceability of the remainder of this Agreement.

 

60. These Terms of Use contain the record of the entire agreement between the user and the web site owner.

 

61. Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.

 


Date of last review

 
29 June 2016
 

Privacy Policy

This Privacy Policy governs the manner in which Van Zyl, Rudd and Associates (Pty) Ltd (“we”, “us”) treats your personal information collected electronically when you use our website (which can be found at www.vanzylrudd.co.za), apply online for certain products and services, purchase products and services, contact us electronically or register for one of the services offered on the website.

We respect your privacy and your personal information and for this reason, we take all reasonable measures, in accordance with this Policy, to protect your personal information and to keep it confidential, even when you are no longer a user of the website or a learner in one or more of our learning programmes.

We also voluntarily subscribe to the principles, outlined in Section 51 of the Electronic Communications and Transactions Act 2002 (“ECT Act”), which govern your right to having your personal information kept private.  We briefly outline these principles below:

  1. We will only disclose, collate and process (“use”) your personal information with your express written permission unless legally required to do so, and will only electronically use such information for the lawful purpose for which it is required.
  2. We will disclose in writing, the specific purpose for which we use, request and store your personal information. We will also keep a record of that personal information and the specific purpose for which we collect it.
  3. We will not use your personal information for any other purpose, other than that which we disclosed to you, unless you give us your express written permission to do so, or unless we are permitted to do so by law.

By using our website, purchasing products and services online or registering for one of the services offered on the website you hereby provide us with your express written permission to share certain of your personal information with an affiliate party (which includes divisions with Van Zyl, Rudd and Associates, our shareholders and other business partners) in the ordinary course of our business of providing you with the services.

Topics:

  • What is Personal Information
  • How do we collect your Personal Information
  • Why and how we collect and use Personal Information
  • Protection of Personal Information
  • Correction of Personal Information
  • Personal Information held by or disclosed by you to a third party
  • Cookies
  • Changes to this Privacy Policy
  • Which laws apply  

 

What is Personal Information

Personal information refers to information that identifies or relates specifically to you, for example, your name, age and identity number, your assets and liabilities, your income and your payment records.  Any information about what you buy, where you shop, where you bank, how you invest and all related information will also be regarded as personal information. In short, any information that we know about you will be regarded as your personal information. Personal information is further defined in the Electronic Communications and Transactions Act 25 of 2002.

 

How do we collect your Personal Information

Whenever you use this website, complete a registration form, contact us electronically, or use one of the services or facilities offered by us or any affiliate party, we will collect your personal information.


Why and how we collect and use Personal Information

In order to make your use of this website and all products and services offered on this website as successful and pleasurable as possible, it is necessary for us to find out exactly what you need and want from us. The following are reasons (i.e. disclosed reasons) why we would collect your personal information:

  1. in order for us to process your instructions or requests;
  2. once we have collected and analysed your personal information, we may send you promotional material or details which we think may be of interest to you. We will however, only send you this promotional information with your express consent. If any of this promotional information relates to products, promotions, news or services of an affiliate party, and if you indicate that you would like more details, we may inform the affiliate party to contact you directly. We will however, only inform an affiliate party to contact you directly if you have indicated that this is agreeable to you.

Your privacy is important to us. We will therefore not sell, rent or provide your personal information to unauthorised entities or other third parties, for their independent use, without your consent.

If at any stage, after you have given us your consent, you no longer wish us to use or share your personal information with an affiliate party, you may at any stage withdraw your consent.

 

Protection of Personal Information

We value the information that you choose to provide us with and will therefore take reasonable steps to protect your personal information from loss, misuse or unauthorised alteration. The information we maintain concerning our customers is stored in databases that have built-in safeguards to ensure the privacy and confidentiality of that information.

When you use the services or facilities provided by us, you may be given a username and password or provided with the opportunity to select your own username and password. You must always keep your password secret and ensure that you do not disclose it to anyone.

 

Correction of Personal Information   

If you ever want to update or correct any of your personal information held by us, kindly contact us at +27 (041) 373-4322. Alternatively, you can update and correct your information yourself by logging onto the website.

 

Personal Information held by or disclosed by you to a third party

Because we are not responsible for any representations or information or warranties or content on any website of an affiliate party (including websites linked to this website or websites facilitated by us), we do not exercise control over affiliate parties’ privacy policies and you should refer to the privacy policy of any such affiliate party to see how such party protects your privacy.

 

Cookies

We use cookies. A cookie is a small file that is placed on the user’s hard drive in order to keep a record of a user’s interaction with this website. Cookies from this website allow the website owner to tailor services to your displayed preferences.

If a user does not wish cookies to be employed to customise his or her interaction with this website it is possible to alter the manner in which their browser handles cookies. Please note, that if this is done, certain services on this website may not be available.

 

Changes to this Privacy policy

We may amend this Privacy Policy from time to time and you agree to view the current version of this Privacy Policy whenever you visit this website. The current version of this Privacy Policy will become binding on you whenever you visit this website.

 

Which laws apply

This Privacy Policy will be governed by the laws of South Africa. You consent to the jurisdiction of the South African courts for any dispute which may arise out of this privacy policy.