Terms and Conditions

Please read these terms and conditions before using this website as your use of this website for any reason whatsoever will mean that you have voluntarily accepted these terms and conditions

Application of Terms and Conditions

Self Atlas (Proprietary) Limited (“we“, our” or “us“) welcomes you to our website www.selfatlas.com (“Website“).

These terms and conditions (“Terms“) apply to any person who uses, accesses, views, purchases and/or downloads the information, content, material, images, intellectual property, courses, products and services (“Services“) made available by us on or through the Website (hereinafter referred to as “you” or “your“) or sent to you via email from the Website or from us.

If you purchase our Services or otherwise enter into a separate agreement with us, you will in addition to these Terms, be subject to our Terms of Purchase or the terms and conditions of such separate agreement.

Your Agreement to These Terms

The Website is only intended for individuals aged 18 years or older. By accessing and/or using the Website you agree and warrant that you are 18 years or older, have reached the age of majority in your jurisdiction and are legally competent to enter into this agreement and abide by these Terms.

These Terms may be updated or amended by us at any time in our sole discretion. Each time you access and/or use the Website, it is your responsibility to review these Terms and our Privacy Policy in the event that updates or amendments have been made.

If you do not agree with any term or condition in these Terms, our Privacy Policy, or any policies or additional documents we incorporate by reference or become dissatisfied with us, the Website or our Privacy Policy, you must not continue to use the Website and Services.

Your Use of the Website

You may not use the Website to obtain or distribute material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software or the functionality or operation of any part of the Website and Business Services.

You are strictly prohibited from using the Website for “spoofing“, “hacking“, “flaming“, “cracking“, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

You shall not intercept any information transmitted to or from us or the Website which is not intended by us to be received or used by you, and you shall be responsible for all electronic communications, information and content sent by you from any computer or electronic device to us, which for the avoidance of doubt will be sent at your own risk.

Subject to the further provisions of these Terms

the Website and Services may only be used by you for lawful purposes and shall not extend to the use of the source code of the Website and Services;
you may not frame, modify, copy, distribute, commercialise, sell exploit or alter the Website and/or Services or any part thereof or incorporate any part of the Website and/or Services in any other work, content or publication or use the Website other than in accordance with these Terms.

Any restrictions on the use of the Website and Services shall also apply to any part of the Website and Services, which may be cached when using same.

You shall not misrepresent your identity or any other information in any communication or engagement with us (or our authorised representatives) or during your use of the Website and Services, including in the course of purchasing the Services.

You shall not allow a third party to decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website or any files contained in or generated by the software by any means whatever.

Intellectual Property Rights

The Website and Services are owned by or licensed to us and protected under both South African and foreign laws. We grant you a non-exclusive, worldwide, non-transferrable licence to use the Website for personal, non-commercial use only which may be revoked by us at any time in our sole discretion.

You agree that you will not engage in the use or distribution of the Website and Services (or any part thereof) other than as expressly permitted herein. For the avoidance of doubt, you must obtain our written permission before you share any of our content and/or Services with anyone else or use it for any purpose and in any manner save as expressly permitted herein.

Any reproduction, duplication, modification, selling, exploitation, copying, creation of derivative works or redistribution of the Website and Services, including the design, graphics and appearance of the Website is expressly prohibited. Copying, duplication and/or reproducing the Website and Services or any part thereof to any other server or location for further reproduction, redistribution and/or selling is also expressly prohibited.

You agree not to circumvent, disable or otherwise interfere with security related features of the Website and Services or features that prevent or restrict use or copying or enforce limitations on the use of the Website and Services.

Nothing on the Websites should be construed as granting to you, by implication, or otherwise, any license or right to use any trademarks (whether registered or not), tagline or logo, without our prior written permission specific for each such use.

We reserve all intellectual property and other rights not expressly granted herein to the Website and Services and to any marketing material (including promotional communications) created or used by us in connection the Website and Services.

Content Submitted by You

By posting or submitting testimonials or comments on or through the Website, social media pages, directly to us via email or otherwise (“User Content”), it will be accessible by others, and you understand that you have no confidentiality or privacy rights with respect to such User Content.

You agree that when you submit User Content on or through the Website or to us via email you grant us a perpetual, royalty free, unlimited, irrevocable, non-exclusive, worldwide licence to use, copy, modify, combine and compile with other content, sell, transmit, create, distribute, publicly display and other wise use or exploit (including for profit) such User Content and all intellectual property and moral rights therein, by any means, method, media, technology or medium now know or hereafter created or devised.

For the avoidance of doubt the preceding paragraph allows us to use your User Content (or any part thereof) on our website or in our content and Services as well as in the marketing and promotion of our Website and Services (including our products and courses) without permission from you or compensation being payable to you.

You further grant us the right, to use your social media, sign-in or other display name, name, likeness, and photograph(s) in connection with any use of the User Content permitted by the aforegoing provisions.

Each submission of User Content shall constitute a representation and warranty by you to us that you are the owner of such User Content, that it is your original creation or you are lawfully entitled to provide it and that you have the right and capacity to grant us the aforementioned license to the User Content. You further represent and warrant that your submission of User Content will not constitute a violation of any intellectual property, privacy, contractual or other third party right.

Defamatory, obscene, offensive, illegal, sexually explicit, invasive and inappropriate submissions of User Content are expressly prohibited and constitute a violation of these Terms.

Collection of Personal Information

We may collect personal information from you and will handle the collection, processing and storage of your personal information in accordance with our Privacy Policy.

By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.

To find out what kind of personal information we collect and the purposes for which your personal information will be used, please read our Privacy Policy which can be found on the Website.

The provisions below ((1) Disclaimers, (2) Indemnity and Limitation of Liability, (3) Exclusion of Warranties and Representation and (4) Accuracy of Information) constitute an assumption of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibility, which we will have towards you and other persons. These provisions also limit and exclude your rights and remedies against us and place various risks, liabilities, obligations and legal responsibilities on you. Please ensure that you have read and understood these provisions.

Disclaimers

The information provided on or through the Website and Services is intended and produced for general information, educational and entertainment purposes only and should not be relied upon by you as professional advice (including but not limited to financial, investment, accounting, business, tax, legal, medical and/or mental health advice) or used in replacement or substitution of professional advice of any kind.

You agree that you will obtain professional advice relating to your specific needs and circumstances and that nothing contained herein whether express or implied shall be construed as professional advice or an obligation on us to provide professional advice.

While due care has been taken in preparing the information provided on or through the Website and Services, you agree that we cannot be liable for any acts, omissions, direct, indirect, incidental, special or consequential loss or damage arising out of or in connection with your use of the Website and Services, whether caused by negligence, breach of contract or otherwise.

As we are not giving financial, investment, accounting, business, tax or legal advice, we recommend that you consult with a financial advisor, accountant, tax consultant and/or lawyer for any and all questions and advice regarding your investment, income, taxes, legal, accounting and business needs.

You understand and agree that we are not, nor can we ever be responsible for (i) any increase or decrease in your profits, income, dividends, revenue, savings, goodwill, leads, sales, clients, consumer and/or public engagement or (ii) any of your financial, business, personal or other results. Your use of the information (including recommendations) provided on or through the Websites and Services is at your own risk, with no direct or indirect liability on us.

The information provided on or through the Website and Services shall not to be construed or relied upon by you as mental or physical health advice of any kind whatsoever. We advise and recommend that you consult with a doctor, nurse, medical practitioner, psychologist, registered counsellor, psychiatrist, dietician, nutritionist or registered medical and/or health care professional (“Medical Professional”) for any and all questions and advice regarding your mental and physical health and well-being. For the avoidance of doubt, you should consult a Medical Professional for your mental and physical health needs, irrespective of any information contained or provided on or through the Website and Services.

You understand and agree that we can never be responsible for (i) any physical or mental illness, disease, symptoms, injury, harm or conditions you may have or develop in the future or (ii) your mental, emotional, spiritual and physical health and well-being, and that your use or non-use of the information (including recommendations) provided on or through the Website and Services is at your own risk, with no direct or indirect liability on us.

For the avoidance of doubt, we do not represent or guarantee that you will obtain any specific business, financial, personal, physical, mental, spiritual, emotional or other result (whether positive or negative) as a direct or indirect result of your use of the Website and/ or use or purchase of the Services.

You agree that you are solely responsible for your actions; decisions and results based on your use, or non-use of the Website and Services.

Indemnity and Limitation of Liability

To the fullest extent permitted by law, you agree to defend, indemnify us and hold us and our Ancillary Parties harmless from and against any and all claims, actions, applications, demands, direct, indirect, incidental, special or consequential loss or damage (including but not limited to loss of income, revenue, profits, savings, business, time and goodwill), liabilities, costs, debts, and expenses (including professional and attorney fees) whether caused by negligence, breach of contract or otherwise, arising out of or in connection with:

Your use of and access to the Website and Services;
Your use of any External Websites or services linked thereto whether recommended or linked on the Website and/or Services or not;
Your inability (for any reason whatsoever including but not limited to security breaches, operational delays, computer viruses and system and other updates) to use and access the Website and Services;
Your purchase of our Services on or through the Website or otherwise;
Any physical, mental or emotional harm or injury you may suffer directly or indirectly as a result of your use or non-use of the Website and Services;
Your violation or breach of any of these Terms and any documents incorporated herein by reference;
the unauthorised use, access to or theft of your information and/or data;
Your violation of any third party right, including without limitation any copyright, trademark, trade secret or other intellectualproperty or privacy right; and
Any claim that the Website and/or Services caused damage to a third party.

To the extent permitted by law:

i) our total liability shall be limited to the amount actually paid by you to us for the purchase of our Services, and in the event that you have not purchased any of our Services, our total liability shall be limited to the amount of R100;

ii) all indemnities and limitations of liability in these Terms shall survive termination, modification or expiration of these Terms and termination of your use of our Services.

No provision of these Terms:

i) does or purports to limit or exempt us from any liability to the extent that the law does not allow such a limitation or exemption; and
ii) requires you to assume risk or liability, to the extent that the law does not allow such an assumption of risk or liability.

Exclusion of Warranties and Representations

As far as the law allows, the Website and Services are provided without any representation or warranty whatsoever, whether express, implied or statutory, including without limitation any representation or warranty as to the operation, accuracy integrity, compatibility, completeness, good-use, availability, performance, non-infringement of third-party rights, fitness for a particular purpose, merchantability, reliability or functionality.

Further, we do not warrant or represent:

(i) the security of any information provided, submitted or transmitted to or from us through the Website and Services;

(ii) the Website and Services will be error, omission or virus free or that your access will be uninterrupted and error free;

(iii) that you will attain any particular financial, business, personal, physical, mental, spiritual, emotional or other result from your use or non-use of the Website and/or Services;

(iv) that you will achieve the same results or that your user-experience of the Website and/or Services will be the same as the people who have provided testimonials on or through the Website, content and Services. These testimonials should not be relied upon as an indication of your future results, as results differ from person to person and are dependent on a variety of factors and circumstances.

Accuracy of Information

You understand and agree that the information provided on or through the Website and Services including the details regarding prices, offers, courses, products and services may change from time to time. The Website and Services may therefore not always contain the correct or most up-to-date information, details and descriptions.

While all reasonable effort has been made to ensure the accuracy of the information provided on or through the Website and Services, we do not guarantee the accuracy of such information or that the information is current and applicable to you. You acknowledge that the Website and Services may contain technical, typographical, pricing or other inaccuracies or errors for which we shall not to the fullest extent permitted by law be liable for.

We reserve the right to make changes, corrections, updates and/or improvements to the Website and Services at any time without notice.

External Websites

The Website and Services may contain links to third party websites, including but not limited to Quenza.com, our learning platform provider (“Quenza”) and social media websites (“External Websites“). These links are provided “as is” and for your convenience only and (save for the material we create specifically for you on Quenza, which is provided for information and educational purposes only (“Quenza Content”)), are not an endorsement by us of the content, information or views expressed thereon.

If you link to External Websites, you will be subject to those External Websites’ terms and conditions, privacy and other policies, therefore we advise and recommend that you review and comply therewith. Save for Quenza Content, we do not take any responsibility for the content and information that appears on External Websites (even if our Website and/or Services are linked thereon), nor do we accept liability for any damage or loss of any nature whatsoever and howsoever arising from your use of such External Websites (including Quenza), which use is at your own risk.

You agree that we cannot be liable for any illegal, offensive or defamatory communication, information or content on any External Websites, or any behaviour associated or in connection therewith.

Accounts

In order to access Services on the Website and to use certain parts of the Website you may be required to create an account or complete a survey which will contain certain Personal Information which may vary based upon your use of the Website.

By continuing to use the Website, you represent and warrant that:

i) all information submitted is accurate and truthful and that you have permission to submit such information
ii) you will keep your information accurate and up-to-date and will not share your account details, particularly the username and password with anyone. You are fully liable for keeping your account details confidential and secure.

We do not accept liability for any losses or damages incurred as a result of your account details being shared. If you have reason to believe that your account details have been obtained by another person without consent, you should notify us immediately.

Purchase of Services

We provide the Services to you on the basis of a time-based subscription. The onus is on the you to maximise the access to the Website and Services during the period of your subscription (the “Subscription Period”).

We reserve the right to change the subscription amounts as and when required, subject to 30 (thirty) days’ prior written notice. In accordance with consumer protection laws, should the subscription amounts change, you will have the right to cancel the agreement, on 15 (fifteen) business days’ prior written notice.

If you purchase our Services and elect to make payment by means of instalments, you agree to pay the monthly instalment on the due date therefore. If an instalment payment is not made on the due date, you shall have three business days to make payment. Without prejudice to any other right or remedy we may have, if payment is not made within the said three business days, we reserve the right to suspend access to and use of any Service purchased by you, until such time as payment is made.

For individual subscriptions, subject to payment in full of any monies owing by you to us for the purchase of our Services (including any unpaid instalments) you have the right to terminate your use and/or access to our Services on 30 (thirty) days-notice by written instruction sent to info@selfatlas.com.

For corporate subscriptions, if you fail to make payment in accordance with these Terms or you no longer wish to use the Services you purchased for any reason whatsoever, you shall remain fully liable for the cost of the Services purchased by you for the first 90 (ninety) days of the Subscription Period. You may cancel your subscription at any time after the first 90 (ninety days), by notice in writing, via email to info@selfatlas.com, on or before the 25^th (twenty fifth) days of the month preceding your last month using the Services. In the case of upfront payments, we will refund the balance of the subscription fee to you within 90 (ninety) days of termination. Any deposit paid by you shall be non-refundable.

We reserve the right to terminate your use and/or access to our Services at any time. Upon email notification sent by us to you informing you that we have exercised our right to terminate your access to our Services for any reason whatsoever, you shall have three business day to make payment of any monies owing by you to us for the purchase of our Services (including any unpaid instalments). Notwithstanding the date of payment of outstanding monies your access to and use of the Services shall be terminated with immediate effect upon the exercise of our election to terminate, which election shall for the avoidance of doubt be exercised by us at any time in our sole discretion.

Your obligations under these Terms shall survive termination of your access to our Services.

Without prejudice to any other right or remedy we may have; we reserve the right to commence arbitration proceedings to recover any unpaid monies owing by you to us for any purchase of our Services.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any assignment or transfer by you shall be null and void.

Termination

We reserve the right to terminate your access to the Website at any time, for any reason, without notice. To the extent permitted by law, your obligations under these Terms shall survive termination of your access to the Website.

Violation of Terms

Please report any violations of these Terms including any documents incorporated herein by reference that you become aware of by contacting us at info@selfatlas.com. Any failure to act by us with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches by you or others.

Interpretation and Dispute Resolution

These Terms including any documents incorporated by reference and the relationship between us and you shall be governed and construed in accordance with the laws of the Republic of South Africa.

You agree to notify us of any issues or dissatisfaction that arises via e-mail correspondence prior to taking any legal action. Should we be unable to seek resolution within a reasonable time, you agree that the dispute shall be finally resolved through arbitration, before a single arbitrator, in accordance with the Arbitration Act, 1965 and the Commercial Arbitration Rules of the Arbitration Foundation of South Africa.

We shall jointly appoint and agree on the arbitrator but failing agreement between us within 10 (ten) business days of the arbitration being demanded, we shall appoint the arbitrator in our sole discretion.

The arbitration shall be held in Johannesburg, South Africa and the parties shall endeavor to ensure that it is completed as expediently as possible without delay after notice requiring the dispute to be referred to arbitration is given or demanded.

You agree that you shall not unduly delay, frustrate or fail to take action to progress or complete the arbitration proceedings, failing which you shall waive your rights to arbitration and any other legal action, and your claim will be regarded as having prescribed. Further, the arbitrator shall have the power to give default judgement if any party fails to make submissions on due date and/or fails to appear at the arbitration.

The ruling of the arbitrator, in the absence of manifest error, shall be final and binding on the parties and the party in whose favour the award is granted shall be entitled to all reasonable fees (including attorney fees) and the costs necessary to enforce the decision of the arbitrator.

In the event of a dispute, you agree not to engage in or be responsible for any defamatory, harmful, negative or disruptive behaviour or communications, whether private or public that could adversely affect us, our business, Website, Content or good will in any manner whatsoever.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, nor will it affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after termination of these Terms.

If any provision of these Terms is or becomes illegal, invalid or unenforceable such provisions shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as having not been written and severed from the balance of these Terms, without invalidating the remaining provisions of these Terms.

How to contact us

If you have questions about these Terms, or any documents incorporated herein by reference, please contact us at info@selfatlas.com.

Last updated: 16 August 2023