Membership Terms of Service for this website
Revised and Updated May 4, 2020
Please read these Terms and Conditions carefully before You use the Website.
By using the Website, you indicate that You have, effective upon the date on which You have used the Website, read, accepted, and agreed to be bound by these Terms and Conditions.
If You do not agree with these Terms and Conditions, you should cease using the Website immediately.
“Agreement” means the terms and conditions contained herein, together with any order, invoice, agreement or other document or amendments expressed to be supplemental to this Agreement.
“We”, “Us”, “Our” or “Ourselves” means the company Trimad recruitment (PTY) LTD located in South Africa respectively, its successors and assigns or any person acting on behalf of and with the authority of contracting legal entity.
“You”, “Your” or “Yourself” means any person/s (end-user) being of the legal age of eighteen (18) years.
“Incidental item(s)” means goods and/or services that may be purchased or sold through this Website and or directly from Us to be supplied and/or provided by Us to You, as specified on Our Website.
“Website” means a location which is accessible on the Internet through the World Wide Web and which provides multimedia content via a graphical User Interface.
“Prohibited Content” means any content on any advertising media that:
(a) is, or could reasonably be considered to be, in breach of South Africa’s Broadcasting Services Act of South Africa; the Fair Trading Acts of the applicable States and Territories of South Africa and the Competition and Consumer protection Act; or any other applicable law or applicable industry code; or
(b) contains, or could reasonably be considered to contain, any misrepresentations; or is, or could reasonably be considered to be, misleading or deceptive, likely to mislead or deceive or otherwise unlawful; or
(c) is, or could reasonably be considered to be, in breach of any person’s Intellectual Property Rights (including, but not limited to, the distribution of digital files or any other material in which We do not own the copyright).
“Personal Information” means any information that identifies or can be used to identify You, directly or indirectly. Examples of Personal Information include, but are not limited to, first and last name, date of birth, email address, gender, occupation, or other demographic information.
“Confidential Information” means information of a confidential nature whether oral, written or in electronic form including, but not limited to, this Agreement, a party’s Intellectual Property, operational information, know-how, trade secrets, financial and commercial affairs, contracts, Seller information and pricing details.
If You intend to transact through this Website (i.e. purchase goods and/or services) then You warrant that You are at least 18 years of age, that You have the power to enter into this Agreement and You acknowledge that this Agreement creates binding and valid legal obligations upon You.
Compliance with Laws
We are committed to protecting Your Privacy in accordance with South African Privacy Principles. We also recognise that when You choose to provide Us information about Yourself that You trust Us to act responsibly and in Your best interests, therefore, we have the following policies in place to protect Your personal information.
Storing Your Information
Securing Your Information
When making some transactions through this Website Your information will pass through a secure server using SSL (secure sockets layer) encryption technology. The encryption process ensures that Your information cannot be read by or altered by outside influences.
Information We Collect
When You request Goods or Services, we may collect Personal Information supplied by You when You complete an online form in order to facilitate the purchase of Goods and/or Services. Such information will enable Us to process Your transactions efficiently, analyse our Website services and enable Us to provide a higher level of customer service (which may include informative or promotional activities).
We may also collect the following information/tracking data for statistical purposes and to help Us understand how to make Our Website more available and user-friendly for You and to measure the success of any advertising activities We may undertake:
(a) Your IP address.
(b) The date and time of Your visits to Our Website.
(c) Your clicks and activity on this Website.
(d) The referring Website if any through which You clicked through to this Website.
(e) Technical information on Your browser, device and operating systems.
Information We Release
We will only release information about You as authorised by Yourself, required by law or where required in order for Us to provide Goods or Services to Yourself e.g. to third party suppliers, or delivery companies. Where supplied to such third parties the information provided will only be sufficient for the third party to perform their services and may not be used by them for any other purpose.
We will not release Your information for any purpose which You could reasonably expect us not to release the information.
Except as detailed above We do not share, give, sell, rent, or lease information to third parties and Your Personal Information will only be disclosed to those employees and or contractors within Our organisation who have a need to know in order to ensure You are provided with information about Our Services or to request Goods and Services through this Website.
Under the Privacy Act legislation, you can ask to see any information We may hold about You and You also have the right to have any inaccuracies in the same corrected by Us. We will comply with any such requests to the extent required by the Privacy Act legislation within fourteen (14) days of the receipt of Your request. We may ask you to verify your identity in order to help us respond efficiently to your request.
Other Data Protection Rights
You may have the following data protection rights:
(a) To access, correct, update or request deletion of Personal Information. We will take all reasonable steps to ensure that the data We collect is reliable for its intended use, accurate, complete, and up to date.
(b) In addition, individuals who are residents of the European Economic Area “EEA” can object to the processing of their Personal Information, ask to restrict processing of their Personal Information or request portability of their Personal Information. You can exercise these rights by contacting Us using the contact details provided in the “Questions or Concerns” section below.
(c) Similarly, if Personal Information is collected or processed on the basis of consent, the data subject can withdraw their consent at any time. Withdrawing Your consent will not affect the lawfulness of any processing We conducted prior to Your withdrawal, nor will it affect processing of Your Personal Information conducted in reliance on lawful processing grounds other than consent.
(d) The right to complain to a data protection authority about the collection and use of Personal Information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the EEA are available at http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
Questions or Concerns
If You have any questions or comments, or if You have a concern about the way in which We have handled any privacy matter, please use Our contact form via this Website www.rudolfgoosen.co.za to send Us a message.
We and Our partners may use various technologies to collect and store information when You use this Website, and this may include using cookies and similar tracking technologies, such as pixels and web beacons. These web beacons track certain behaviour such as whether the email sent through the Website was delivered and opened and whether links within the email were clicked. They also allow Us to collect information such as the recipient’s:
· IP address, browser, email client type and other similar details;
• Tracking Website usage and traffic;
• Reports are available to Us when We send email to You, so We may collect and review that information.
These cookies do not read Your hard drive but may be stored on Your hard drive to enable Our Website to recognise You when You return to the same.
This Site may use persistent cookies for the purpose of tracking Site usage and traffic – note: these cookies do not read your hard drive or collect personal information.
We may also use session cookies for our secure online portal. This is for security and to provide with your account and program information during an Online session. When you log out of your Online session the cookie is no longer valid and is discarded when you close your browser.
If at any time You are on a mailing list of Ours then You may request to be removed from the same and We will comply with Your request if there is no unsubscribe button provided then please contact Us with Your request using the “Contact Us” section of this Website.
Returns, Damaged, Cancelation or Defective Services
Our policy in relation to Returns, Damaged or Defective Goods and/or Services shall be as specified as follows. We shall not accept returns for change of mind or if You make a wrong decision unless due to our negligence or incorrect information supplied by Ourselves. Upon cancelation of classes it is the responsibility of the Member to request cancelation of membership if they do not wish to continue their membership. We shall not accept requests for refunds for change of mind, lack of participation or wrong decision as specified in Our standard Terms and Conditions for the supply of the Services unless due to our negligence or incorrect information supplied by Ourselves. From the moment you enrolled on our website service we will allow for a 5 day “cooling-off” period where members can request to cancel their subscription to our website. After the 5 consecutive days has passed from registration on any Membership level, all members will be subject to the 30 day cancellation period clause with no refunding. There will be no refunds paid if you cancel your Membership after the 5 consecutive days. If you have cancelled your service within the 5 consecutive day "cooling off" period, your refund will be processed within 30 working days from cancelation.
Copyright and Trademarks
The contents of this Website and our Products and Services are at all times the copyright or trademark property of either Ourselves, Our suppliers or linked third parties and You may not distribute, reproduce, display, publish any trademark or other content of this Website for any purpose whatsoever without the prior written approval of Us, Our suppliers or linked third parties (each as applicable). Furthermore, you agree to indemnify Us against any claims, costs, damages, or losses incurred by Us should You fail to comply with clause. Under no circumstance are any member/user allowed to download/record any of the broadcasts videos/audio done on rudolfgoosen.co.za.
Advertisers and Linked Sites
The display on Our Website of any advertiser or the provision of a link to third party Websites does not constitute Our endorsement of either the advertiser or third party provider or any of their Website content or business practices. As We do not have any control of the content of any third-party Websites, access to such Websites is at Your sole risk and We recommend that You thoroughly review the terms and conditions of use and the Privacy policies of any third party Website immediately once You access such a Website.
We shall accept no liability in regard to any dealings, promotions or activities between Yourself and advertisers or third-party providers.
Any specialised information provided on this Website is given in good faith based on Our knowledge, experience, or information provided to Us by Our suppliers, or derived from sources believed to be accurate at the time the information is received by Us, therefore it is recommended if You have any concerns as to the suitability of Goods or Services provided through this Website in respect of the use of the Goods or Services or their suitability for a particular use that You contact Us or seek external professional opinion.
Display on this Website does not guarantee the availability of any particular Good(s) therefore all queries and orders placed through this Website shall be subject to confirmation of acceptance by Us. Orders for Services shall be subject to confirmation of suitable timeframes between You and Ourselves for provision of the Services.
Due to the inherent nature of Websites, we cannot guarantee uninterrupted or continuous availability of this Website and You accept that the Website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able We shall give You advanced warning of the same. We shall accept no liability in relation to Website downtime whether scheduled or otherwise. We are also reliant on LIVE class content supplied by 3rd party service providers and we cannot guarantee that classes will indeed take place at the scheduled dates and times. We hold the right to reschedule classes or teachers as the need arise without having to gain permission from any users or members upfront.
Termination of Use
These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause, we shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).
Our Websites for South Africa (excluding any linked third-party sites) are hosted and controlled by Us from the respective country of origin. As each country has laws that may differ from South Africa, by accessing this Website, You agree that the laws and statutes of South Africa shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or Your use of this Website, irrespective of any conflict with any laws and statutes applicable to Your country of domicile.
In addition, We or Our subcontractors may use cloud technology to store or process Personal Information, which may result in storage of data outside South Africa. It is not practicable for Us to specify in advance which country will have jurisdiction over this type of offshore activity. All of Our subcontractors, however, are required to comply with the South African Privacy Act in relation to the transfer or storage of Personal Information overseas.
You further acknowledge and agree that the filing of a claim against Us (if any) must be made in Cape Town, South Africa which Our principal business premises in South Africa is domiciled, and that any legal proceedings will be conducted in English.
We make no representation that Goods or Services offered through this Website are appropriate, available or suitable for use in countries outside of South Africa, and accessing any material or content from, or through, this Website which is illegal in Your country of domicile is strictly prohibited.
You will indemnify Us (and our officers, directors, agents, subsidiaries, joint venture’s, employees and contractors) against any claim or demand, including legal fees and costs, made against Us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using Rudolf Goosen’s Products and services.
Cancelation of subscription to rudlfgoosen.co.za
Members to rudolfgoosen.co.za are at liberty to cancel their subscription at any time. Such cancelation will be subject to a 30-day cancellation waiting period. All fees due during this 30-day cancelation period will still be due and payable by the member.
The failure by the either contracting party to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect that party’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.
We shall be under no liability whatsoever to You for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by You arising out of a breach by Us of these terms and conditions (alternatively Our liability shall be limited to damages which under no circumstances shall exceed the Fee of the Services).
As part of introducing You to other members and welcoming you into our social media group We present Our group with your name and an overview of your business and goals as agreed by You, continued communication is based on rudolfgoosen.co.za communication rules.
Communications including Rudolf Goosen social media group You participate in: Communication and Feedback is provided for the purpose of facilitating trading by You. The communication provided must not contain offensive, defamatory, retaliatory, or inappropriate language or content. We may remove any communication that is considered to be offensive, defamatory, retaliatory, or inappropriate.
There is no guarantee that any person signing up or participating in online Tutoring on rudolfgooosen.co.za and any of the affiliated pages on rudolfgoosen.co, za will indeed get the necessary assistance or knowledge they need. rudolfgoosen.co.za is simply a website that offer independent contractors the platform to expand their knowledge and insights. No action of any of our independent contractors will be held against Rudolf Goosen/rudolfgoosen.co.za or Trimad Recruitment (PTY) LTD.
Study Buddy and rudolffgoosen.co.za hold the right to cancel/reschedule classes at any time without any consent of its users without any refund to any users/participants.
You may only give communication or feedback that relates to a specific transaction. You must not post communication or feedback on a transaction that does not relate to that specific transaction.
Feedback and communication within Our Website, Online Platforms (including Portal and Facebook Group) follows the Chatham House Rule.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of either party.
We may amend this agreement at any time by posting the amended terms on www.rudolfgoosen.co.za. We will also notify you of any material amendments through our communication forums and client portal or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are posted. If you do not accept the changes you should contact email@example.com
It is important to read and understand all our policies as they provide the rules for our website, services and interacting with Us. You should read The Service Agreement to see the rules that apply to you. In addition, there may be specific rules that apply as part of your program with The Game Changers, it is Your responsibility to check and make sure you comply.