Site: The Technospeak training web site (www.technospeak.co.za)

Courses: Text and graphics containing tips and techniques

Materials: Courses, software, designs, services, user interface and all other content on the Site, together with the selection, coordination and arrangement of all such content

Course Providers / We: Shoden Academy (Pty) Ltd and its contracted developers and course authors

User(s) / You: Employee(s) registered to access and use the Site

Welcome to the Technospeak training web site which is owned and operated by Shoden Academy (Pty) Ltd.  These Terms of Use (“the Terms”) govern your access to and use of the Site.  By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms.

GENERAL

We reserve the right, at our sole discretion, to modify these Terms at any time and without further notice.  Your continued access to and use of the Site after any such changes constitute your acceptance of the revised Terms.  It is your responsibility to check the Site to determine if there have been changes to the Terms and to review any such changes.

PRIVACY

We are committed to protecting your privacy.  By using the Site, you indicate that you have read, understand and accept our Privacy Policy.  If you have any questions concerning our Privacy Policy, please contact us.  If you do not accept our Privacy Policy, please discuss this with your Employer.

REGISTRATION

To be able to access and use the Site, your Employer needs to register you as a User.  You will be notified by email when you have been registered successfully.

SECURITY

You are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account.  We, the Course Providers, will never ask you for your login password via telephone or email.  Under no circumstances whatsoever may you divulge your login information to any other User or third party.  Similarly, you must not use or attempt to use another User's account.

If you share a computer with other employees, please do not tick the 'remember me' box on the Site's login page as this could allow others to access your account.  Always log out from the Site before leaving the computer unattended.  If you are aware of, or suspect, any unauthorized use of your account or any other breach of security, please contact us immediately.

FEEDBACK

We encourage you to comment on the Courses and to share your views with us and with other Users.  We provide various ways for you to do this – e.g. you can add comments to lessons, participate in a user forum or contact us directly.  We welcome constructive feedback that helps us to improve the Site for the benefit of all Users.

COPYRIGHT

All copyright rights in the Materials vest with the Course Providers.  Any reproduction, copying, or redistribution of the Materials for commercial purposes is strictly prohibited without the Course Providers' prior written consent.  Any such copyright violation will lead to litigation.

TRADEMARKS

All rights in the product names, company names, trade names, logos and designs of the Course Providers or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Course Providers or their respective owners and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited.  Nothing stated or implied on the Site confers on you any licence or right under any patent or trademark belonging to the Course Providers or to any third party.

PERMITTED USES

As a properly registered User, you are permitted to display, download, print and copy Materials from the Site provided that any and all such use is solely for your own personal, non-commercial, self-study purposes and provided also that the Materials will not be copied or posted on any networked computer or broadcast in any media.

PROHIBITED USES

You agree not to transmit, distribute, post, communicate or store information on, to or through the Site where such information:

• is copyrighted, unless you are the copyright owner;
• reveals a trade secret, unless you own it;
• infringes on any other intellectual property, privacy or publicity rights of others;
• is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, libellous, hateful, unfair, misleading, sexually explicit, or racially, ethnically or otherwise objectionable or embarrassing to any other person or entity, all as determined by us in our sole discretion;
• constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or
• contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or information.

We reserve the right to monitor your usage of the Site and to remove from the Site, with or without notice, any information emanating from you which we, in our sole discretion, consider to be in breach of any of the above conditions.  In extreme cases, we reserve the right to terminate your access to and use of the Site immediately and without notice.

USER CONTENT

Apart from personal information, which is covered under our Privacy Policy, we shall consider any other information you transmit, distribute, post, communicate or store on, to or through the Site as non-confidential and non-proprietary.  We shall not claim ownership of any such information.  However, by transmitting, distributing, posting, communicating or storing any such information on, to or through the Site, you agree that we shall be free in perpetuity to copy, disclose, distribute, incorporate and otherwise use such information for any and all commercial or non-commercial purposes.  We shall not compensate you for the use of this information.

LINKS TO OTHER WEBSITES

The Site may contain links or references to other websites (“Linked Sites”) as a convenience for you, the User.  We do not endorse, sponsor or recommend any such Linked Sites, nor do we accept any responsibility whatsoever for the content or privacy practices of such sites.

DISCLAIMER OF WARRANTIES

Unless otherwise explicitly stated, the Site and the Materials are provided 'as is'.  We make no representation or warranty of any kind whatsoever relating to the Site, the Materials, Linked Sites or other content that may be accessible directly or indirectly through the Site.

We disclaim to the maximum extent permitted by law any and all such representations and warranties.  Without limiting the generality of the foregoing, we disclaim any and all:

• warranties of merchantability or fitness for a particular purpose;
• warranties against infringement of any third-party intellectual property or proprietary rights;
• warranties relating to the transmission or delivery of the Site;
• warranties relating to the accuracy, reliability, correctness or completeness of data made available on the Site or otherwise by the Course Providers; and
• warranties relating to performance, non-performance or other acts or omissions by the Course Providers or any third party.

Furthermore, there is no warranty that the Site will meet your needs or requirements or the needs or requirements of any other person.

We make no warranties or representations, express or implied:

• that the information provided through the Site will be free from error, omission, interruption, defect, delay in operation, technical inaccuracies or typographical errors;
• that the Site will be available at any particular time or location;
• that defects or errors in the Site will be corrected; or
• that the Materials on the Site are free of viruses or other harmful components.

Any information on the Site is subject to change without notice and we disclaim all responsibility for these changes.

LIMITATION OF LIABILITY

In no event will the Course Providers, or any party involved in creating, producing or delivering the Site and the Materials, be liable for any direct, incidental, consequential (including loss of business, revenue, profits, use, data or other economic advantage), indirect, special or punitive damages arising out of your access, use, misuse or inability to use the Site, the Materials or any Linked Sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure.

In the event that you have a dispute with another User relating to, arising from or in any way connected with use of the Site, you release the Course Providers from any and all claims, demands and damages of every kind and nature arising out of, or in any way connected with, such a dispute.

These limitations apply whether the alleged liability is based on contract, delict, negligence, strict liability or any other basis, even if the Course Providers have been advised of the possibility of such damage.

INDEMNIFICATION

You agree to indemnify and hold the Course Providers (including their subsidiaries and affiliates and each of their directors, officers, agents, contractors, partners and employees) harmless from and against any loss, liability, claim, demand, damages, costs and expenses (including attorney's fees) arising out of or in connection with the Site, the Materials, your use of the Site and the Materials, your conduct in connection with the Site or with other Users, or any violation of any law or the rights of any third party.