Terms and Conditions

Introduction 

In terms of section11of the Electronic Communication and Transactions Act, these terms and conditions are valid, binding, and enforceable against all persons that access the OTT Platform COCREATAZ web pages or any part thereof. 

By accessing the OTT Platform COCREATAZ, or any part thereof for any reason whatsoever, the User agrees to the terms and conditions as set out below and the NEMISA Privacy Policy incorporate herein by reference. 

Definitions 

  1. “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002. 
  2. “POPIA” means the Protection of Personal Information Act 4 of 2013. 
  3. “NEMISA” means National Electronic Media Institute of South Africa, a non-profit institute for education in terms of the Companies Act (1973) and is listed as a schedule 3A public entity in terms of the Public Finance Management Act (1999). 
  4. “Terms of Use” means the terms and conditions of use set out in this document. 
  5. “User” means any person, whether a natural person or juristic entity, who accesses or uses the OTT Platform COCREATAZ, notwithstanding that such a person only visits the NEMISA’s OTT Platform COCREATAZ home page. 

Acceptable Use 

The OTT Platform is intended to provide the User only with content and the services it offers. NEMISA shall not be liable for any losses incurred or damages suffered arising from reliance on the information provided on the platform. 

Content from the platform may not be used or exploited by Users for any commercial or private purposes without prior written consent of a duly authorised official of NEMISA, which consent NEMISA may withhold in its sole and absolute discretion. 

Users may not use the OTT Platform COCREATAZ for: 

  1. Illegal purposes; 
  2. Harmfulpurposes;and 
  3. The creation,storage and sending of unsolicited commercial communications. 

Should any User use content from the platform in breach of the provisions detailed herein, NEMISA: 

  1. Reserves the right to claim damages from the User; 
  2. Reserves the right to institute criminal proceedings against the User; and 
  3. Shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who may have obtained consent from the User. 

Hyperlinks to the platform from any other source shall be directed at the home page of the platform. Links beyond the OTT Platform’s home page may only be used with NEMISA’s prior written consent from a duly authorised employee. 

NEMISA shall not be liable, in any manner whatsoever, for any damage, loss or liability resulting from the use of content, or services available from the platform, if such content, or services was accessed through a hyperlink not directed at the home page of the platform. Persons that wish to link to pages beyond the home page of the platform without NEMISA’s prior written consent shall do so at their own risk and they indemnify NEMISA against any loss, liability or damage that may result from the use of such hyperlinks. NEMISA’s exclusion from liability for deep linking is based on the fact that deep links bypass these terms and conditions. 

Apart from bona-fide search engine operators and use of the search facility provided on the platform by Users, no person may use or attempt to use any technology or applications (including but not limited to webcrawlers, robots or webspiders) to search, collect or copy content from the for any purpose what so ever, without NEMISA prior written consent from a duly authorised representative. No modification and/or reverse engineering whatsoever of any content of this platform is permitted; and 

E-mail addresses, names, telephone numbers and fax numbers published on the platform may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the OTT Platform COCREATAZ may be used to send unsolicited communications to NEMISA, its students, employees or its other stakeholders. 

Changes to these Terms of Use 

NEMISA may amend these Terms of Use at any time in its sole discretion without prior notice to the User,in which event the User’s continued usage of the platform after any such changes to these Terms of Use shall indicate that the User accepts those changes. 

NEMISA reserves the right to change and/or amend, without notice the information contained on the platform. 

User Generated Content and Conduct  

If you have an account on the platform, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so.  

You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content. 

Intellectual Property Rights 

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to CO and other users of the Service to share content, comment etc. 

Electronic Communications 

By using the platform or communicating with NEMISA by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communications satisfy any legal requirement, including but not limited to the requirement that such communications should be “in writing” as defined in the ECT Act. 

Privacy Policy and Conditions for Lawful Processing of Personal Information according to Chapter 3 of POPIA 

These terms of use must be read with the Privacy Policy as appropriate, to enable the User to understand the way NEMISA processes personal information. 

The User may access most areas of the platform without having to register as a User, however certain restricted areas require registration. Should the User decide to register as a User of the platform, NEMISA may require the User to provide personal information which includes but is not limited to: 

  1. Name and surname 
  2. Identity number 
  3. Street and postal address 
  4. Contact numbers; and 
  5. E-mail address. 

NEMISA uses cookie technology that automatically processes certain personal information as the User navigates the platform, which includes but is not limited to non-personal browsing habits and click patterns, and the User’s IP address. Users may determine cookie use independently through their browser settings. Cookies ensure that NEMISA can continually improve its platform. NEMIS Autilises “first party cookies”(originating from NEMISA) to track the User’s visits between sessions and to deliver a personalised experience. We also utilise “third-party cookies” (not originating from NEMISA) to provide traffic analysis and tracking. 

The User consents to NEMISA using the User’s personal information for the purpose for which it was disclosed. 

NEMISA may use the User’s personal information for general and statistical purposes. 

Agreements in terms of Section 21 of the ECT Act 

No information or data on the platform constitutes an offer to do business but is merely an invitation to do business. 

No agreements shall be concluded merely by sending a data message to the platform or its owners. Valid agreements will require a written acceptance of a written offer by NEMISA. 

No e-mail message shall be deemed to have been received by NEMISA until a directed response has been issued from NEMISA. An automated response, from NEMISA, shall not satisfy this requirement. 

Searching Technology 

The use of search technology, such as “web-crawlers” or “web-spiders”, to search and gain information from the platform is not permitted, if such technology will result in slowing down of the platform’s server or copyright infringement of any data and information available from the platform. 

Links to Third-Party Sites 

NEMISA may provide links to other platforms only as a convenience to the User and the inclusion of any link does not imply NEMISA’s endorsement of such platforms. 

Linked platforms or pages are not subject to the control of NEMISA. NEMISA shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked platforms or any links contained in a linked platform. 

Security of Information 

NEMISA shall take all reasonable steps to secure a User’s information. 

Users under taken to divulge their user name and password to any other person. 

It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorized access to any information on the platform, or to deliver or attempt to deliver any un authorised, damaging or malicious code to the platform. 

Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the platform or the server and computer network that supports the platform. 

Any person who delivers or attempts to deliver any un authorised, damaging or malicious code to NEMISA platform or attempts to gain un authorised access to any page on this platform shall be held criminally liable, and in the event that NEMISA should suffer any damage or loss, civil damages will be claimed. 

Disclaimer and Limitation of Liability 

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, NEMISA shall not be liable for any damage, loss or liability of whatever nature arising from the use or inability to use the platform or the services or content provided from and through this platform. Furthermore, NEMISA makes no representations or warranties, implied or otherwise, that, amongs to others, the content and technology available from the platform are free from errors or omissions or that the service will be uninterrupted and error free. 

The platform is supplied on an “as-is” basis to the extent permitted by law and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy him or herself, prior to entering into this agreement with, that the Service available from and through the OTT Platform COCREATAZ will meet the User’s individual requirements and be compatible with the User’s hardware and/or software. 

Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of NEMISA. 

Offensive E-Mail Content 

NEMISA’s employees and other Users of the NEMISA’s e-mail system are subject to policies that prohibit: 

  1. The obscuring, suppressing, or replacing another User’s identity on an e-mail (pretending to be someone else); 
  2. The use of NEMISA’s information and communications systems for the exercise of the employee’s right to free speech; 
  3. Sexual, religious, political and racial harassment; 
  4. Profanity, obscene, offensive, derogatory or defamatory remarks;and 
  5. Otherwise, unlawful communication via e-mail. 

Accordingly, if an e-mail sent by a NEMISA User breaches any of the provisions, that e- mail is sent in that person’s personal capacity and NEMISA is not liable for such messages. NEMISA will take appropriate disciplinary action against any person breaching these provisions and the User can report any such breach to one of NEMISA Hotline channels. 

Severability 

These Terms of Use constitute the entire agreement between NEMISA and the User of the platform. Any failure by NEMISA to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of  such right or provision. 

If any term or condition of the use of the platform is not fully enforceable or valid for any reason, such terms [RR1] or conditions shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable. 

Applicable and Governing Law 

The platform is hosted, controlled and operated from the Republic of South Africa, and South African law governs the use or inability to use the platform and these Terms of Use. 

Enquiries 

If a User has any questions, queries or wishes to request permission to use any part of the platform, including, linking, framing, or searching, please contact NEMISA at: 

Address: 26, Canary Street. Auckland Park, South Africa 

Attention: Chief Executive Officer 

Email: info@nemisa.co.za