Terms & Conditions
- “You” and “Your” shall be a reference to the School, the Teacher, the Parent, the Learner and/or the Subscriber, as the case may be. In the case of a School, access to the Material shall be limited to the number of Teachers, Parents and/or Learners stipulated by the School and as agreed.
- If you are a natural person under the age of 18 years who is not legally competent and/or are legally unable to consent to these terms and conditions, the School, the Teacher, the Parent or most responsible proximate adult whether in loco parentis or otherwise, shall be deemed to be a “competent person” contemplated in section 1 of the Protection of Personal Information Act, 4 of 2013, and shall be deemed to have consented to these terms and conditions on Your behalf.
- By subscribing for the MSL Modules, whether on-line or by way of live presentation, You will be deemed to have read, understood and agreed to be bound by these Terms and Conditions. If You do not agree to all of these Terms and Conditions, please do not Access the Modules.
- MSL may revise and update these Terms and Conditions at any time, without prior notification to You. Your continued access to and/or use of the Modules will mean You accept those changes.
- You expressly give and, to the extent applicable, are and will be deemed to have provided express permission to MSL for the collection, collation, processing, receipt, storage, recording, updating, modifying, retrieval, dissemination and distribution of personal information for the purposes set out herein, which MSL is entitled, but not obliged to do.
- Subject to all and/or any laws to the contrary, You must and will provide MSL with the personal and contact details and information as required by it in order to administer and/or deliver the Modules, as the case may be; and/or inform MSL, in writing, within 7 (seven) days of any change to any of the information provided by You in relation to the selected Modules.
MSL does not provide medical, psychological or therapeutic advice
- The contents of the MSL site and/or the Modules, such as text, graphics, images, videos, audio, information obtained from MSL, MSL’s licensors and suppliers, and other material contained on the MSL Site, as at the date of the conclusion of the memorandum of agreement (“Content”) are for information and educational purposes only.
- The Content may be supplemented from time to time, access to and use of which may be granted in terms of a supplemental agreement.
- The Content is not intended to be a substitute for medical, psychological or therapeutic services. The Content is practical information of an educational nature to empower You to make informed decisions and choices. The Content does not replace and is not intended to replace in-person medical or psychological care, professional advice, instruction or therapeutic treatment of any nature. Schools may wish at their discretion to include their own mental-health professional, educational psychologist, school counsellor or teacher, or other qualified health provider to oversee any questions that may arise in or after each session.
- Reliance on any information provided by MSL, MSL employees, or others appearing on the Site at the invitation of MSL, or in the Modules, is solely at Your own risk. You assume full responsibility for all risks associated therewith. All information or services provided through the Modules are provided without any warranty of any kind, express or implied.
Use of materials
- The Content is protected by the copyright laws in South Africa and the Berne Convention. MSL authorises You to view or download the Content, as applicable, solely for Your personal, non-commercial use.
- Any special rules for the use of certain Content and other items accessible on the MSL Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference. Any unauthorised use is prohibited.
- Title to the Content remains with MSL and/or its licensors, as the case may be. Any use of the Content not expressly permitted herein is a breach hereof, and may constitute a breach of copyright, trademark, and other laws. Certain Content on this site is licensed under the applicable legislation. All rights not expressly granted herein are reserved to MSL and/or its licensors.
- All Intellectual property rights in the Content are, and remain, the intellectual property of MSL, its licensors and/or suppliers, whether adapted, written for or customised for You or not.
- The use of the Content is restricted to You, who has been supplied with the log-in details as part of an authorised course in the Modules.
- You may not copy, share, modify, transmit, distribute, or in any way, exploit the Content provided by MSL other than for Your own individual use. Use for any other purpose is expressly prohibited and MSL reserves the right to enforce its rights in accordance with the law.
- You may not permit anyone else to copy, use modify, transmit, distribute, or in anyway, exploit the Content and materials provided on the MSL site.
In consideration of the fees paid by You, MSL grants to You a limited, non-transferable, non-exclusive licence to access the Content and materials.
- If You violate any of these Terms and Conditions, Your permission to access the Content automatically terminates and You must immediately destroy any copies You have made of any portion of the Content.
Access to the Content
- MSL strives to provide the Content to You on a continuous basis. To that end, MSL will take all commercially reasonable efforts to provide uninterrupted access of the Content to You. However, from time to time, You may be unable to access the Content due to conditions beyond MSL’s control. Such conditions include, but are not limited to: force majeure, “acts of god”, power outages, and the acts of computer hackers and others acting outside the law.
- From time to time, access may be also unavailable due to software issues, server downtime, increased internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Content to You, MSL will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
- MSL endeavours to provide the highest quality Content. To that end, MSL reserves the right, in its sole discretion and without prior notification, to change, modify, or discontinue any aspect or feature of the MSL Site or the Modules in whole or in part, including, without limitation, the Content, availability, access and/or the Terms of the MSL Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the MSL Site.
- You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment and internet service necessary for use of the MSL Site.
- The Site contains survey functionality that allows You to upload survey answers to the Site. You agree that You will not upload or transmit any communications or content of any type to the Site that may infringe or violate any rights of any person. By submitting survey content to the Site, You agree that such submission is not subject to a non-disclosure prohibition of any kind.
- If You make any survey submission You agree that You will not send or transmit to MSL by email, (including through the email addresses listed on the page) any communication or content that infringes or violates any rights of any party. If You submit any information, idea, concept or invention to MSL by email, You agree such submission is not subject to a non-disclosure prohibition of any kind.
- Any and all survey submissions submitted to MSL shall be de-identified to the extent that it cannot be re-identified, as contemplated in section 6(1)(c) of the Protection of Personal Information Act 4 of 2013.
- In consideration of being allowed to use the Public Areas and Social Media Platforms, You agree that the following actions shall constitute a material breach of these Terms and Conditions:
- posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by MSL in its sole discretion;
- impersonating another person;
- allowing any other person or entity to use Your identification for posting or viewing comments; or
- engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Modules, the Content or the Site, or which, in the judgment of MSL, exposes MSL or any of its customers or suppliers to any liability or detriment of any type.
- MSL reserves the right, but is not obliged, to do any or all of the following:
- investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s);
- remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions;
- terminate Your access to the Site upon any breach of these Terms and Conditions; or
- edit or delete any communication(s) posted on the MSL Site, regardless of whether such communication(s) violate these standards.
- MSL or its licensors have no liability or responsibility to users of the MSL Site or any other person or entity for performance or non-performance of the aforementioned activities.
Advertisements, searches and links to other sites
- MSL may provide links to third-party websites. MSL may also select certain sites as priority responses to search terms You enter and MSL may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.
- MSL does not recommend and does not endorse the content on any third-party websites. MSL does not endorse any product, service, or treatment advertised on the MSL Site.
- MSL is not responsible for the content of linked third-party sites, sites framed within the MSL Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.
- Your use of third-party websites is at Your own risk and subject to the terms and conditions of use for such sites.
MSL’s failure to perform
MSL will not be liable for failure to perform if the failure is attributable (wholly or partially), to an action or omission on Your part, or to some unforeseen event or circumstance beyond its reasonable control which prevents it from performing, timeously or otherwise. This will not be limited to technical problems or downtime related to a fixed line or mobile tele-communications provider which, in each case, is beyond MSL’s reasonable control, having exercised reasonable care and diligence to prevent and/or mitigate against the occurrence and/or consequences of that event or circumstance.
Warranties and Liability of MSL and its licensors
- The use of the MSL Site and the Content, and Your reliance thereon, is solely at Your own risk.
- All references to MSL will include a reference to its shareholders, promoters, employees, representatives, directors, agents, consultants, advisers, subcontractors, licensors and any other persons acting for or on their behalf in the provision of any service and/or product contemplated or provided for herein (“Affiliates”).
- When using the MSL Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of MSL. Accordingly, MSL assumes no liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the MSL Site.
- The MSL Site and the Content are provided on an “as is” basis. MSL and its Affiliates, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Without limiting the foregoing, MSL and its Affiliates make no representations or warranties about the following:
- the accuracy, reliability, usefulness, adequacy, suitability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the MSL Site or MSL; and/or
- the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the MSL Site.
- MSL and its Affiliates do not warrant that the Content will be error free, including but not limited to inaccuracies, nor free of virus, or other harmful matter. The entire cost of any necessary service, repair or correction is Your responsibility.
- In no event shall MSL or its Affiliates be liable for any damages (including, without limitation, special, punitive, indirect, incidental and consequential damages, personal injury including death, lost profits, loss of use or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use, the MSL Site, the Content or Public Areas (as defined below), whether based on warranty, contract, or any other legal theory, and whether or not MSL or its Affiliates are advised of the possibility of such damages.
- Neither MSL nor any of its Affiliates is or will be liable for any loss or damages of any nature whatsoever suffered by You or any other person arising out of or in connection with:
- any act or omission of MSL or its Affiliates, save for any act or omission which is wilfully intended to cause loss or is grossly negligent;
- a breach of this Agreement by You; and/or
- any interruption, delay, suspension, defect or failure in the distribution or reception of the selected service beyond MSL’s reasonable control.
- Any claims arising in connection with Your use of the Site, any Content, or the Public Areas must be brought within 1 (one) year of the date the event giving rise to such action occurred. MSL’s liability is limited to the amount of fees You have paid to MSL as at the date of the event giving rise to the liability in question.
- Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You undertake to defend, indemnify, and hold MSL and its Affiliates harmless from and against any claims, actions or demands, liabilities, losses, expenses, damages, costs and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation/breach of these Terms and Conditions, Your relationship with MSL, any negligent or wrongful action or omission by You related to Your use of the services through MSL, including unethical, unprofessional, negligent or wrongful conduct by You or any other person acting on Your behalf.
Waivers and indulgences
- Any express waiver of any breach of this Agreement will not be deemed to be a waiver of any subsequent breach. Likewise, one or more waivers of any right, obligation or default will not be construed as a waiver of any subsequent right, obligation or default.
- Any time indulgence given, or liability which is released, compounded or compromised, either in whole or in part, by one party to the other party, is done so in isolation and without affecting or prejudicing its rights against that other party under the same or a like liability, whether joint and several or otherwise.
- MSL is based in Cape Town, Western Cape Province, South Africa. MSL makes no claims that MSL, or the MSL Site and the Content are appropriate or may be downloaded outside of South Africa. Access to the Content may not be legal by certain persons or in certain countries. If You access the MSL Site from outside South Africa, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
- To the extent MSL does not have a presence and/or offering in Your country, and You are not within South Africa, You are deemed to be within the South African borders and under the jurisdiction of the South African courts for any matter that may arise relating to MSL or its Affiliates.
- If any provision of these Terms and Conditions is held to be invalid, illegal, contrary to public policy or unenforceable by a Court of competent jurisdiction or arbitrator, the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired thereby, and this Agreement will remain and be of full force and effect.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa.