Terms And Conditions

ACCESS TO INFORMATION

PAIA (The Promotion of Access to Information Act 2 of 2000) gives you the right of access to any information held by the State or by another person and that is required for the exercise or protection of any rights. This means you can request access to information held by public bodies, as well as from a natural or juristic person (private body). In the case of a request for access to information held by a natural or juristic person, you have to indicate that the information requested is required for the exercise or protection of any rights.

The right of access to information is your right in terms of section 32 of the Constitution and PAIA gives effect to section 32 by amongst others:

  • providing and detailing the procedures that must be followed in order to make a request for information;
  • stating from whom you can make a request;
  • detailing the duties of the bodies, from whom you have made a request;
  • describing what information can be requested;
  • describing when the requested information must / may be refused;
  • describing what mechanisms and procedures are available to you if your request for access to information is refused.

StudySmart (Pty) Limited was established in 2016 as a Private Company with a vision to develop and deliver products related to the field of education to assist learners in their studies and career related decisions.

Internet Web Site: www.studysmart.org.za
e-Mail Address: support@studysmart.org.za
Physical Address: 6 Fourth Avenue, Negester Estate, Onrusrivier,
Telephone: +27 (0)82 375 3191

A Guide has been compiled in terms of Section 10 of PAIA by the Human Rights Commission. It contains information required by a person wishing to exercise any right contemplated by PAIA, and is available in all of the official languages. The Guide is available for inspection, inter alia, at the offices of the Human Rights Commission at 29 Princess of Wales Terrace, C/o York and St. Andrews Street, Parktown and on its website at http://www.sahrc.org.za

The following records are available in terms of other legislation:

  • Any information publicly available on the corporate web site at www.studysmart.org.za
  • The corporate profile
  • Marketing brochures
  • Information brochures

No formal notices have been published in terms of Section 52(2) of PAIA.   However, several information items are automatically available without a person having to request access in terms of PAIA:

  • The Labour Relations Act
  • The Employment Equity Act
  • Basic Conditions of Employment
  • Other items available on request

Several information items are available to persons requesting information in terms of, and via procedures laid down by, PAIA:

Companies act

  • Documents of Incorporation
  • Memorandum of Incorporation
  • Minutes of Board of Directors Meetings
  • Share and other statutory Registers

Financial

  • Annual Financial Statements
  • Tax Returns
  • Asset Register
  • Rental Agreements
  • Invoices

Income Tax and Related

  • PAYE Records
  • Employee Income Tax documents
  • Records of payments made to SARS on behalf of employees
  • Other statutory compliances including VAT records.

Requesting Information in terms of PAIA:  Please use the Studysmart contact details provided earlier to request the relevant information required. Please ensure that you provide us with the following contact details: Your telephone number; your postal address; your e-mail address (if available).

TERM OF USE

1. Preambule

This section is intended to explain the terms and conditions under which you may use this Website. Please read the following paragraphs carefully. If you do not accept these terms and conditions, you must not use this Website. By using the Website and associated services, you are indicating your acceptance of the terms and conditions and are therefore bound to the stipulations that follow. Please note that the terms “you” and “user” in this text refer to any individual, group, entity, company or recruitment agency using this Website, while “we”, “us” and “our” is used to refer to StudySmart . Unless the context requires otherwise or it is expressly stated to the contrary, any words and phrases not defined in these Terms but defined in the Protection of Personal Information Act 4 of 2013 (“POPI”) will bear the same meaning given to them in POPI. The Terms and any additional document we incorporate by reference shall apply to you when you use the Website and/or any part of the Services.

2. The StudySmart positioning and Credo

StudySmart aims to develop and deliver products related to the field of education to assist learners in their studies and career related decisions. Development of the products is based on clinical experience and research and presented, where required, by experienced and trained personnel in a non-challenging and non-threatening atmosphere encouraging learners to discover the magical powers of the brain and to experience the noble pleasure of knowledge, understanding and the actualisation of own potential. Although we at StudySmart acknowledge the importance of face-to-face contact sessions, products are also offered online to extend offerings and increase affordability.

3. Disclaimer

  • StudySmart, its associates as well as other third parties mentioned on the Website are in no event and under no circumstances liable for damages resulting from the use, inability to use, or abuse of the Website.
  • StudySmart does not warrant that the Website will operate error free or virus free despite the company’s efforts to eliminate such problems on a continuous basis. In the event of damage to your computer system as a result of using the Website, StudySmart will not be responsible for direct or indirect costs or losses incurred as a result thereof.
  • The use of StudySmart’s Website is offered on an “as is” basis without warranties of any nature. Although everything possible is done to ensure that the information provided is correct and up to date, StudySmart does not warrant that this is in fact the case and StudySmart therefore does not accept liability for any damages of any nature whatsoever, or howsoever caused as a result of the information provided, including, but not limited to the availability or suitability of candidates, the correctness of job advertisements, the correctness of any information on the Website, the withdrawal of any information from the Website, or as a result of being unable to access the Website or data base for any reason.

4. Intellectual property rights

StudySmart reserves all intellectual property rights pertaining to its Website. Copyright, trademarks, logo’s, patents and trade secrets are reserved by StudySmart as well as advertisers who use the Website. Use of the Website does not imply that any licensing agreements are granted.

5. Conditions applicable to all users.

You agree to:

  • adhere to all applicable laws in the South African legislative framework and system;
  • the fact that the laws of South Africa governs your participation in StudySmart’s activities which for example includes adherence to the Constitution of the Republic of South Africa, the Labour Relations Act and the Employment Equity Act;
  • unconditionally submit to the jurisdiction of the Courts of South Africa respect all intellectual property rights relating to the material and content on our Website;
  • (if you are an advertiser) edit all advertisements as soon as it is published on the Website in order to ensure accurate and truthful information as StudySmart does not accept any liability for errors in this regard;
  • take all reasonable precautionary measures to ensure that the digital material you submit to StudySmart is free from viruses, codes and other destructive objects and programmes;
  • have sufficient protective software installed in your computer system to address security requirements as well as secure backups to maintain your system;
  • refrain from transferring any rights , privileges and obligations to any other individual or party without consulting with and obtaining written approval from StudySmart;
  • accept that StudySmart does not allow you to use our Website and system to market services without the necessary approval.

6. You indemnify StudySmart against:

  • all actions, claims, law suits, liabilities and expenses which result from the use of our Website;
  • any loss which results from the interruption or failure of our services due to repairs and maintenance covering electrical, technological, computer hardware, software and systems problems;
  • any liabilities resulting from actual, perceived or alleged breach of any law or contracts in relation to the services rendered by us;
  • any claims for damages related to the unintended disclosure of personal information to third parties which may occur without the consent of the user.

7. Security

  • Links:  Our website contains links with other websites which are not under our control.   StudySmart is not responsible for the content of any linked website or possible associated webcasts and transmissions.
  • Security:  All reasonable steps will be taken to secure a user’s information. This includes a continuous process of testing and if necessary correcting the electronic security which is essential in successfully operating  business of this kind.  Users are obliged not to divulge their user names and passwords to other persons.


8. Privacy Policy

Introduction

  • We recognise the importance of protecting your privacy in respect of your personal information (as this phrase is defined in POPI) collected by us when you use this Website.
  • In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take appropriate and reasonable technical and organisational steps to prevent unauthorised access to, or disclosure of your personal information. However, we do not guarantee that your personal information shall be 100% secure.
  • Where there are reasonable grounds to believe that your personal information has been accessed or acquired by any unauthorised person, we will notify you and the Information Regulator which is appointed in terms of POPI. We will delay notifying you of the unauthorised access or acquisition of your personal information if a public body responsible for detection, prevention or investigation of offences or the Information Regulator informs us that notifying you will impede a criminal investigation. When we notify you of the compromise to the security of your personal information we will provide you with sufficient information to allow you to take protective measures against the potential consequences of the compromise.

Your agreement in relation to your personal information

  • By continuing to use this Website:
  • you agree to the terms and conditions set out in this Privacy Policy. If you do not agree with this Privacy Policy, please do not continue to use the Website and/or the Services; and
  • you agree that we may “collect, collate, process and/or store” your personal information (as this term is defined in POPI).

What types of personal information do we process?

  • The types of personal information that we may Process includes information necessary for our legitimate business interest and the categories of personal information identified in POPI. This may include your name and identity number, e-mail and physical addresses, postal address, contact information, information relating to your race, gender, ethnic or social origin, age, medical conditions, ,
  • We will limit the types of personal information we Process to only that to which you consent and which is necessary for our legitimate business interests.

When will we Process your personal information? Personal information may be Processed by us in several ways, including, when:

  • you register to make use of the Services on the Website;
  • you register to receive any notifications from us in respect of our Email Authentication Service and/or our Text Message Authentication Service;
  • you make use of the Services;
  • we carry out demographic research; and
  • you browse the Website.
  • You acknowledge that all personal information Processed by us may be stored by us and used.

How do we Use your personal information?

  • We may use your personal information:
  • to retain and make available to you information on the Website as part of the Services;
  • to verify your identity on the Website;
  • for security, administrative and legal purposes;
  • for customer relations; and
  • for helping us in any future dealings with you

Sharing of your personal information:  We will not to disclose any of your personal information to third parties, except when we have your permission to do so or where we are required to do so in terms of law.

Your rights

  • You have the right to request, that we correct, destroy or delete any of your personal information that we have Processed in accordance with these Terms. The personal information that you may request us to correct, destroy or delete is personal information that has been Processed in accordance with these Terms that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully or that we are no longer authorised to retain.
  • You have the right to withdraw your consent for us to Process your personal information at any time. The withdrawal of your consent can only be made by you on the condition that the withdrawal of your consent does not affect the Processing of your personal information before the withdrawal of your consent; or that the withdrawal of your consent does not affect the Processing of your personal information if the Processing is in compliance with an obligation imposed by law on us;
  • You have the right to object to the Processing of your personal information at any time, on reasonable grounds relating to your particular situation, unless the processing is required by law. You can make the objection if the Processing of your personal information is not necessary for the proper performance of a public law duty by a public body; or if the Processing of your personal information is not necessary to pursue your legitimate interests; our legitimate interests or the legitimate interests of a third party the information is supplied to.
  • You have the right to not have your personal information Processed for purposes of direct marketing by means of unsolicited electronic communications from third parties unknown to you.
  • You have the right to submit a complaint to the Information Regulator regarding an alleged interference with the protection of personal information Processed in accordance with these Terms. The Information Regulator’s contact details will be published by the Government in due course in terms of POPI.

 Use of cookies

  • Cookies are pieces of information a Website transfers to a user’s hard drive for record-keeping purposes. Cookies make surfing the web easier for you by saving your preferences and, tracking your online habits, traffic patterns, and making sure you do not see the same advertisement too often. The use of cookies is an industry standard.
  • We may place a “cookie” on your browser to store and sometimes track information about you.
  • While most browsers are initially set up to accept cookies, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please note that some parts of the Website will not function properly if you refuse cookies.

Use of IP address

  • An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We log IP addresses, or the location of computers on the Internet.
  • We collect IP addresses for the purposes of system administration and to audit the use of the Website. We do not ordinarily link IP addresses to personal information, which means that your session may remain anonymous. However, we cannot guarantee that this will always be the case, as it may be necessary to identify a particular user when it is necessary to enforce compliance with the Website Terms or to protect our Website, its users or other interests.

StudySmart reserves the right to review and change its terms and conditions from time to time. You are therefore requested to read and review this document from time to time.

We can be contacted at the following:

  • Telephone: 082 375 3191
  • Physical Address: 6 Fourth Avenue, Negester Estate, Onrus
  • e-Mail: deon@studysmart.org.za