Pearson Institute of Higher Education
Published on April 2016
This website is published "as is" without any warranty of any kind, express or implied, as to the operation of the website and the accuracy of the information found. We shall not be liable for any losses or damage that may result from use of the website as a consequence of any inaccuracies in, or any omissions from, the information which it may contain.
Copyright in these pages is owned by Pearson Institute of Higher Education (“PIHE”) or its licensors, except where otherwise indicated by a third party's proprietary notice. Images, trademarks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners.
Content and information provided by third parties other than PIHE is identified clearly where it appears. We publish this content as supplied to us and are not responsible for its accuracy or timeliness.
PIHE accepts no responsibility for content on any website belonging to a company outside of the Pearson Group of Companies to which a hypertext link from this site exists, or for use of personal data by the third party operating such a website. Any such links are provided "as is" with no warranty, express or implied, for the information provided within them.
We only make these terms and conditions available in the English language
1. ACCESSING OUR SITE
We recommend that you print and save a copy of these terms and conditions for your records.
Certain areas of the site may only open to you if you register. From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice. We may change or delete the content or any features at any time, in any way, for any or no reason. We will not be liable if for any reason our site is unavailable at any time or for any period. We may in exceptional circumstances cease to publish the site, the site content or cease to provide subscription services. If we do so, then we will have no further obligation to you. If the need arises, we
may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You may not use or transact on this site or submit any content or information (including without limitation any personal information) unless you are 18 (eighteen) years of age or older or, if you are younger than 18 years, unless you have the necessary consent and/or assistance of your parent or legal guardian.
2. INTELLECTUAL PROPERTY RIGHTS
This site is owned by PIHE and the User acknowledges that all information, materials, functions and other content contained on our site are our copyrighted property or the copyrighted property of our licensors or licensees. All such rights are reserved. All trademarks, service marks, trade names, and logos are proprietary to us and/or our licensors or licensees.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged in your use of our intellectual property rights.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Except as set out above no part of our site may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
3. RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website.
The Website may contain links to other websites. PIHE has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
The User may not link to this Website without PIHE’s prior written consent.
4. SECURE AREA
This clause applies to Users of the Secure Area.
Additional terms and conditions may apply to the Secure Area. By accessing the Secure Area, the User agrees to and will be bound by any such additional terms and conditions.
Only Users who have been registered as Users of the Secure Area and that have been provided with a user identity and password by PIHE may access the Secure Area. Access to the Secure Area is restricted only to those portions to which the User has a right of access and the site. Any person who gains access to the Secure Area in error or who views a portion of the Secure Area which they are not entitled to view must notify PIHE immediately and may not further access the area in respect of which they do not have access rights.
PIHE takes reasonable steps to ensure that the Secure Area cannot be accessed by unauthorised persons and that authorised users have access only to those portions of the Secure Area which they are entitled to access and view. PIHE cannot, and does not, however, warrant that no unauthorised person will be able to gain access to the Secure Area or to a portion of the Secure Area to which they are not entitled to have access.
Accordingly, PIHE shall not be liable for any loss, damage, claims, costs or penalties arising from unauthorised access to the Secure Area or any portion thereof or the interception, monitoring, modification or other interference with communications between the User and PIHE.
Users must keep their user identity and password secret and not allow anyone else to use them. The User shall be responsible for all access to the Website with the User’s user identity and password. When the User’s user identity and password have been used in order to gain access to the Website, PIHE shall be entitled to assume that such use and all related communications emanate from the User.
PIHE shall not be liable for any loss or damage arising from unauthorised use of the User’s user identity and password.
In the event that the User becomes aware of a breach of the confidentiality of the User’s user identity and password, the User must immediately communicate this to PIHE with subsequent confirmation in writing. The compromised user identity and password will be deactivated as soon as reasonably possible and a new user identity and password will be issued to the User.
PIHE may, at its sole and absolute discretion and for any reason, require the User to change the User’s user identity and password at any time.
If the User commits any breach of these conditions or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, PIHE shall be entitled to terminate the User’s access to the Website immediately, without prior notice, without any liability on PIHE’s part and without prejudice to PIHE’s rights in terms of these Terms and Conditions or at law.
5. OUR LIABILITY
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue; loss of business;
loss of profits or contracts; loss of anticipated savings;
loss of data; loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise,
even if foreseeable, provided that this condition shall not prevent claims
for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
To the extent permitted by applicable law, you agree that any cause of action you may have arising out of or related to these terms of website use or of our sites must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be deemed to have prescribed.
6. DISCLAIMER LIABILITY
The User makes use of this Website at the User’s own risk.
You are responsible for all use of our site made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify us immediately. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide us with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or school) then you warrant that you are entitled to receive those messages. You also agree that we may stop sending messages to you without notifying you.
The User hereby indemnifies PIHE and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third party in relation to any act or omission by the User or the User’s members, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms and Conditions.
The User assumes all responsibility and risk for the use of the Website and disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not PIHE has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not PIHE has been advised or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
PIHE shall not incur any liability to the User or any other person or entity associated with the User for any compensatory, indirect, incidental, special, consequential damages whatsoever, including but not limited to, loss of revenue or profit, commercial or economic loss, even if PIHE has been advised of such damages or loss, or such damage or loss was reasonably foreseeable.
7. DISPUTE RESOLUTION
If a dispute between the Parties arises out of or is related to these Terms and Conditions, the matter shall be determined in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.
This clause will be severable from the rest of these Terms and Conditions so that it will operate and continue to operate notwithstanding any actual or alleged voidness, voidability, unenforceability, termination, cancellation, expiry, or accepted repudiation, of these Terms and Conditions.
Neither Party shall be entitled to withhold performance of any of their obligations in terms of these Terms and Conditions pending the settlement of, or decision in, any dispute arising between the Parties, nor shall each Party in such circumstances continue to comply with their obligations in terms of these Terms and Conditions.
8. VIRUSES, HACKING AND OTHER OFFENSES
You must not misuse our site by knowingly introducing viruses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of- service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
9. JURISDICTION AND APPLICABLE LAW
Any dispute or claim shall be subject to the non-exclusive jurisdiction of the courts of South Africa although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
We make no representation that the site or the content on the site is appropriate or available for use in any particular location. If you choose to access our site you do so on your own initiative and you are responsible for compliance with all applicable laws including any applicable local laws.
10. WRITTEN COMMUNICATIONS AND NOTICES
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
11. CODE OF CONDUCT
The principles that we follow in our work is outlined in the Pearson Code of Conduct. We subscribe to this code and you may access it electronically at www.pearson.com.
12. ANTI-BRIBERY AND CORRUPTION POLICY
The way we work and act and the standards we expect from our business partners is outlined in Pearson’s Anti-Bribery and Corruption Policy, which may be accessed electronically at www.pearson.com.
13. GENERAL PROVISIONS
Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Waiver: If we fail to insist upon strict performance of any of your obligations under any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Interpretation: Headings in these conditions shall not affect their interpretation. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
PIHE respects and is committed to protecting Users’ privacy and personal information.
Certain information about you can be obtained automatically. Such information includes, without limitation, a User’s domain and protocol address. PIHE may use such information for its internal purposes, but will not disclose it to third parties.
We process information about you in accordance with applicable law and our privacy notice. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
On registration, you must provide us with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable registration or subscription pages. We are entitled to rely on any information you provide to us.
The purpose of this Privacy Notice is to demonstrate our firm commitment to the protection of the privacy of your information and to inform you on how we handle the information we receive from you.
This Notice will include:
Information We Collect;
How We Collect Information;
Why We Collect Information;
How We Use Your Information;
Disclosure of Your Information;
Opting in / opting out;
How We Manage and secure your information;
How you can contact us and access your information; and
Changes to this Privacy Notice.
1. INFORMATIION WE COLLECT
We collect personal information you voluntarily communicate to us including your name, contact details (phone and fax numbers, postal and email addresses), gender, date of birth, occupation, Company/ sponsor details (name, contact details) and financial information, including your credit card details where appropriate and any other personal information.
We also collect information about you that is not personal information. For example, we may collect data relating to your activities on our websites (including the type of internet browser you use, your operating system, address of referring site, and your IP address and clickstream information) via tracking technologies such as cookies. Cookies allow your browser to utilise some of the features of our sites.
We use both session ID cookies and persistent cookies. Most web browsers are set by default to accept cookies. If you reject cookies you will be unable to take advantage of some of the features of our websites. We may also collect information from you in response to a survey, promotion or competition.
We generally advise that you do not publish or communicate personal information, or at least limit the personal information that you publish or communicate, to the public via our services, such as in any forums, blogs or anywhere that user generated content can be uploaded ("Non- Confidential Information"). We cannot control any third party collection or use of your Non- Confidential Information that is publicly available.
2. HOW WE COLLECT INFORMATION
We may collect personal information from a variety of sources, including you (when you visit our websites), advertisers, mailing lists, recruitment agencies, and contractors, other visitors to our websites and business partners.
We will generally collect personal information by way of forms filled out by people, face-to-face meetings, interviews, business cards, electronic attachments, telephone conversations and from third parties (representatives, agents or credit reporting agencies). In addition, we collect personal information from our websites through receiving subscription applications, job applications and emails.
We may collect your personal information when you request or acquire a product or service from us, register with us as a subscriber or member, provide a product or service to us, complete a survey or questionnaire, enter a competition or event, contribute in a fundraising event, participate in our services (including blogs and forums) or when you communicate with us by email, telephone or in writing (for example if you make a complaint or provide feedback).
If, at any time, you provide personal or other information about someone other than yourself, you warrant that you have that person's consent to provide such information for the purpose for which you provide it to us.
3. WHY WE COLLECT INFORMATION
The primary purpose for which we collect information about you is to conduct our business, provide and market our products and services to you, meet our legal or regulatory obligations, and also for the management of business transactions entered into with us and the administration of any accounts you have with us. We may state a more specific purpose at the point we collect your information (including but not limited to any law that requires or authorises the particular information to be collected). We collect information that is not personal to report statistics, analyse trends, administer our services, diagnose problems, target and improve the quality of our products and services.
If you do not provide us with the information that we request, we may not be able to provide you with our products or services. For example, if you do not register as a member of a website, you will not be able to access features or services that are reserved for members or subscribers only.
4. HOW WE USE YOUR INFORMATION
In addition to the primary purpose outlined above, we may use the personal information we collect, and you consent to us using your personal information:
to provide you with news and information about our products and services, and opportunities that we believe you may be interested in;
for purposes necessary or incidental to the provision of goods or services to you;
to personalise and customise your experience purchasing or using our goods or services;
to manage and enhance our products and services;
to communicate with you, including by email, mail or telephone;
to conduct competitions or promotions;
to verify your identity;
to investigate any complaints about or made by you, or if we have reason to suspect that you are in breach of any of our terms and conditions or that you are or have been otherwise engaged in any unlawful activity; as part of any investigation in relation to you or your activity, including: If we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to any relevant authority or enforcement body, or your Internet Service Provider or network administrator; where there is actual, alleged or suspected fraud or unlawful activity (including actual, alleged or suspected fraudulent use by any person other than you of your credit or debit card details to make any purchase from us) and we reasonably believe that disclosure is necessary to, or we have been requested to make disclosure by, any relevant authority or enforcement body.
as part of a sale (or proposed sale) of all or part of our business; and/or
as required or permitted by any law or regulation
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in this Privacy Notice. If our information practices change at some time in the future we will post the changes to our website for your notification and we will use for these new purposes only data collected from the time of the notice change forward. If you are concerned about how your information is used, you should check back at our website periodically.
5. DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to other members of the Pearson Group; in which case, your personal information will be collected, used, disclosed, managed and stored in accordance with this Privacy Notice. Due to the Global nature of our organisation, your personal information may be transmitted, stored and processed in a country other than South Africa, including primarily in the United States of America, the European Union and India. You explicitly consent that the personal information you provide may be transferred, processed and stored in countries outside South Africa.
We may also disclose personal information, and you consent to us disclosing your personal information, to third parties:
engaged by us to perform functions or provide products and services on our behalf, such as processing of credit card information, debt collection, marketing, research and advertising;
that are our agents, business partners or joint venture entities or partners;
that sponsor or promote any competition we conduct or promote via our services;
authorised by you to receive information held by us; as part of any investigation in relation to you or your activity, including:
if we have reason to suspect that you have committed a breach of any of our terms and conditions, or have otherwise been engaged in any unlawful activity, and we reasonably believe that disclosure is necessary to the Police, any relevant authority or enforcement body, or your Internet Service Provider or network administrator; or
where there is actual, alleged or suspected fraud or unlawful activity (including actual, alleged or suspected fraudulent use by any person other than you of your credit or debit card details to make any purchase from us and we reasonably believe that disclosure is necessary to, or we have been requested to make disclosure by, the Police or any relevant authority or enforcement body. Including but not limited to our external advisers or potential or actual bidders or their external advisers as part of a sale (or proposed sale) of all or part of our business;
and/or as required or permitted by any law or regulation.
6. OPTING IN / OPTING OUT
Opting in: When we collect information from you, you may be asked to "opt in" to consent to us using or disclosing your personal information for purposes other than those that are expressly stated in this policy. For example, you may be asked to opt-in to receive further information or communications from our advertisers or supporters.
Opting Out: You will generally be given the opportunity to "opt out" from receiving communications from us or from third parties that send communications to you in accordance with this Notice. For example, you will be given the option to unsubscribe to emails or newsletters sent by us if you do not want us to contact you in the future, if you contact us and provide us with your name and contact information, we will remove your name from our customer contact list.
7. HOW WE MANAGE AND SECURE YOUR INFORMATION
We shall take all reasonable steps to protect and secure the integrity and confidentiality of the personal information we hold from misuse, loss, alteration, unauthorised access, disclosure or destruction; including by means of firewalls, password access, secure servers and encryption of credit card transactions.
The General Counsel: South Africa, Legal and Compliance, shall fulfil the role of Information Officer to oversee the management of personal information in accordance with this Notice and the applicable laws and regulations.
In relation to non-confidential information, however, you acknowledge that:
the security of online transactions and communications sent by electronic means or by post cannot be guaranteed;
you provide information to us via the internet or by post at your own risk;
we cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not within our control.
If you suspect any misuse or loss of, or unauthorised access to, your personal information, or any other privacy breach please let us know immediately.
8. HOW TO ACCESS YOUR INFORMATION
Should you seek access to your Information in order to update or correct the personal information we hold about you; we will require you to verify your identity and to specify the information to which requires access, updating or correction. A fee may be charged for providing access, however, we will advise you of the likely cost in advance.
Subscribers or members of our websites will generally be able to access and update their membership and contact details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.
If there is an error in the information we have on file, you can have this information corrected by sending us an e-mail at the below referenced address or calling us at the below referenced telephone number. If you would like to seek access or request updating or correction to personal information we hold about you, or if you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, you can contact the department that collected your personal information in the first instance, or write to:
General Counsel: South Africa
Legal and Compliance
Pearson Institute of Higher Education (Pty) Ltd
4th Floor, Auto Atlantic,
Corner Hertzog Boulevard and Heerengracht,
Cape Town 8001, South Africa
Contact number: 021 532 6000
9. CHANGES TO THIS PRIVACY NOTICE
We reserve the right to modify this Privacy Notice from time to time. Please consult this website periodically to review any changes.
Thank you for using our site.