CAPSICUM CULINARY STUDIO (PTY) TERMS AND CONDITIONS

ONLINE END-USER LICENSE AGREEMENT (EULA)

  1. DEFINITIONS
    1. In this Agreement, unless inconsistent with or otherwise indicated by the context –
      1. “the/this Agreement” refers to this Online End-User License Agreement;
      2. Capsicum” refers to Capsicum Culinary Studio (Pty) Ltd ,Registration Number: 2006/034218/07, a private Company duly registered in terms of the Laws of the Republic of South Africa;
      3. Intellectual Property” refers to all present and future intellectual property rights in and to the Website and Website Contents and the documentation, in whole or in part, including but not limited to trademarks, all rights of copyright (whether existing now or in the future) together with all related know-how, source codes, confidential information and all rights of a similar character whether registered or capable of being registered and all applications and rights to apply for protection of same, wherever the rights arise in the world;
      4. Login Details” refers to the combination of a user name and password, ascribed to every User in terms of clause 8 below;
      5. the Service” refers to the service provided to User’s by Capsicum as depicted in clause 4 below;
      6. the Student/s” refers to all individuals and entities registered and enrolled with Capsicum as online students and accessing the Website for the purposes of online studies;
      7. the User” refers to all individuals and entities accessing the Website for any reason;
      8. the Account/User Account” refers to the account created for the User by Capsicum on registration and enrolment of the User for online studies;
      9. Third Party” refers to any other person subscribing to the Service, requesting information from Capsicum or from whom Capsicum obtains certain materials or provides a service to Capsicum in connection with the Website. ;
      10. the Website” refers to capsicumcooking.com or such other website which may be prescribed by Capsicum from time to time;
      11. Website Content” refers to all content on the Website including, but not limited to, software, images, documents, pictures, videos, audio and text
      • CONSENT AND DURATION
        1. Access to the Website, the Service and Website Contents is subject to the terms and conditions of this Agreement, the Copyright Notice, Code of Ethics and Privacy Policy.
        2. The User immediately accepts the terms and conditions of this Agreement and is automatically bound by them, upon initial access to the User’s Account, as stipulated in clause 8 below.
        3. This Agreement shall immediately commence upon initial access and shall continue on an indefinite basis until termination is effected in terms of clause 22 below.
      • GRANT OF RIGHTS
        1. Subject to the provisions of this Agreement, Capsicum grants the User a non-exclusive, personal, non-commercial and non-transferable right to use the Website and Website Contents.
      • FEES
        1. The study fees for various courses, modules and programmes are contained on the relevant web pages and are subject to change in accordance with in clause 19 below.
        2. All study fees include the costs of any requisite study material and are VAT exclusive.
      • PAYMENT OPTIONS
        1. All study fees are to be paid in full to Capsicum upon registration of the User and must be effected by way of credit card payments or Electronic Fund Transfers (EFTs).
        2. Capsicum reserves the right to use Third Party electronic payment processes and/or financial institutions to process payments made by and to the User in connection with the User’s utilisation of the Service, the Website and the Website Content.
        3. Capsicum has an internal refund policy in respect of any fees paid and Capsicum can be contacted directly at their domicilium address or by the Website for more information.
        4. By agreeing to these Terms and Conditions, you agree that you will not purchase any material off the Website without understanding the provisions of these Terms and Conditions and once any material is purchased it is deemed that you have read and understood the Terms and Conditions of purchase and, specifically, that your right to a refund may be limited by these Terms and Conditions or by the internal refund policy of Capsicum, which you can request prior to any material being purchased.
      • AUTHORITY
        Capsicum retains authority over the issuing, maintenance and closing of any User’s Account on the Website and any decision, in regards thereto, is taken at the sole and absolute discretion of Capsicum and is not subject to review or appeal.
      • PRIVACY
        Capsicum’s Privacy Policy covers all details  in relation to the protection of the User’s right to privacy in his/her use of the Service and his/her User Account.  The Privacy policy can be accessed on the Website and should be read carefully by the User, who by agreeing to the provisions of this Agreement, simultaneously agrees to the terms and conditions contained in the Privacy Policy.
      • INTELLECTUAL PROPERTY
        1. The User agrees that:
          1. save for the limited rights to use the Service as set out in this Agreement, the User has no rights to and/or title in, to or in respect of the Intellectual Property found on the Website, including but not limited to, software, text, graphics, icons, hyperlinks and designs;
        2. the Intellectual Property found on the Website is the property of, or licensed to, and strictly reserved by Capsicum and as such are protected by infringement by local and international legislation and treaties; and
        3. in his/her use of the Website he/she obtains no rights to any of the Website Content, or any part thereof.
      • DISCLAIMER
        1. Capsicum disclaims any and all warranties, expressed or implied, in connection with the Website Content and technology available from the Website, which is provided to the User “AS IS”.
        2. Capsicum does not make any warranty that use of the Website will be uninterrupted, timely or error free, that defects will be corrected or that the Website or the Website Contents or the technology used to provide the Website shall be free from viruses, bugs or any contaminants.
        3. The User acknowledges that the Website and Website Contents are used solely at his/her own risk and that is it the sole responsibility of the User to satisfy himself or herself that the Service available from and through these Websites will meet the User’s individual requirements and will be compatible with the User’s hardware and/or software.
        4. It is specifically recorded that any Information, ideas and opinions expressed on the Website do not represent the official opinion of Capsicum, unless otherwise expressly provided.
        5. Hyperlinks provided on the Website to other sites are provided “AS IS” and Capsicum warrants that it does not necessarily agree with, edit or sponsor the content provided on such other sites. Any materials contained in such other sites are accessed at the sole risk of the User and Capsicum does not claim any responsibility for any damage or loss suffered by the User as a result of the accessed material.
        6. In accordance with some of Google’s recent compulsory policies, we would like to inform you that we might be tracking your cookies as our Website/company is currently undertaking Google AdWords remarketing of any other Google AdWords feature that tracks such cookies. By visiting the Website, you agree that certain of our Google AdWords remarketing and/or other advertisements can follow you as you visit other websites that forms part of Google’s Display Network (GDN). Capsicum will attempt to adhere to all of the current in-effect policies of Google related to remarketing or any other form of Google advertising in all of its Google AdWords marketing campaigns. Capsicum has implemented certain Google Analytics features for the primary purpose of attempting to ascertain the success of our online marketing endeavours via the Google AdWords
      • SOUTH AFRICAN LAW
        This Agreement is governed and interpreted according to the Laws of the Republic of South Africa as well as applicable Public International Law, specifically relating to intellectual property rights, electronic information and privacy policies.
      • ENTIRE AGREEMENT
        This Agreement constitutes the entire agreement between the User and Capsicum and supersedes any previous agreement, understanding or arrangement between the User and Capsicum.
      • SEVERABILITY
        Each and every provision of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) shall be deemed to be separate and severable from the remaining provisions of this Agreement. If any of the provisions of this Agreement (excluding only those provisions which are essential at law for a valid and binding Agreement to be constituted) is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of this Agreement shall be and remain of full force and effect.
      • DOMICILIUM CITANDI ET EXECUTANDI
        Capsicum chooses the following address as its domicilium citandi et executandi in respect of all purposes arising out of or in connection with this Agreement at which address all processes and notices arising out of or in connection with this Agreement may validly be served upon or delivered to Capsicum:

6th Floor Rex Trueform Office Park
263 Victoria Road
Salt River
Cape Town

AMENDMENTS
Capsicum reserves the right to update or modify this Agreement, or any part thereof, at any time and without notice to the User or acquiring the User’s prior written consent.

The User will be bound by the amended terms and conditions of this Agreement upon such amendments being posted on the Website.

      • DISPUTE In the event of any dispute arising between the User and Capsicum, of any nature whatsoever, in relation to any matter provided for or arising out of this Agreement, South African law will apply and the appropriate courts of South Africa will have jurisdiction.
      • CESSION AND ASSIGNMENT
        1. The User shall not be entitled to cede, assign or transfer any of his/her rights or obligations under this Agreement without the prior written consent of the Capsicum.
        2. Capsicum shall be entitled to cede, assign and transfer any of its rights under this Agreement without providing prior notice or without the User’s consent, subject to the Third Party being bound by the Privacy Policy and Code of Ethics.
      • TERMINATION AND BREACH
        1. Capsicum reserves the right to take any action as it sees fit should the User breach any terms and conditions of this Agreement, including but not limited to, termination of this Agreement.
        2. Upon termination of this Agreement, Capsicum reserves the right to block the User’s access to the Service and terminate the User’s Account on the Website.
        3. The User agrees to fully indemnify Capsicum from and against all claims, howsoever caused, which may arise due to:
          1. the User’s breach of this Agreement;
          2. violation by the User of any governing law or any third party rights;
          3. use by the User of the Service or use by any other person of the Service, accessed through the User’s Account, with or without the User’s consent.