TERMS AND CONDITIONS
Roshec is a web service/product owned and run by company Roshec , with its place of business office 1312 Sangro House, 417 Smith Street,Durban, South Africa
BY USING THE WEBSITES ROSHEC.COM (AND THEIR CONTENT) AND/OR SERVICES OF ROSHEC , YOU AGREE TO BE BOUND BY THE FOLLOWING CONDITIONS AND ACCEPT THEM IN FULL INCLUDING ANY AMENDMENTS, REVISIONS OR CHANGES MADE IN THESE CONDITIONS. IF YOU DO NOT AGREE WITH THESE CONDITIONS OR IF YOU DO NOT WANT TO BE BOUND BY THEM, DO NOT USE THE ROSHEC.COM WEBSITE, PRODUCTS OR SERVICES.
The company Roshec reserves the right to revise or change these conditions in accordance with its consideration to reflect legal, technical or any other change in status quo with no prior notice. The latest update of this agreement is available on the websites “www.roshec.com “. Therefore all users are strongly recommended to read this agreement carefully and search for updates.
The website Roshec.com , its content and related products and services are available to all adult individuals who are authorized to conclude contracts (binding agreements). The proof of this criterion in the form of identification data or contact details can be requested when entering any (or some) of the services.
The agreement conditions agreement is between Us (Roshec ) and the Users. No other person is entitled to benefit from this agreement.
If any court or regulator decides that any provision of these Terms of Service is invalid or otherwise unenforceable, such provision shall be severed and deleted from these Conditions and the remainder terms and conditions shall continue to have full force and effect. Additional documents supplied by Roshec .
- If the Conditions are inconsistent with the conditions noted on your registration with Roshec (if applicable), the Conditions will prevail, unless otherwise specified on Roshec reserve the right to change the content used at any time.
- Trainees who fail to complete the e-learning course in the time available will not be eligible for a refund.
- Students will receive an electronic notification 1 month prior to the course end date.
- All rights not expressly granted herein are reserved.
- If you do not agree with these Terms and Conditions you must cease the course immediately and notify Roshec of your intent not to continue.
Wherever found in the Conditions, “You”, “Your” and “User”, it refers to the user of website, products and/or services of Roshec and this is how these words and related words shall be interpreted. Also words “We”, “Our” and “Roshec ” refer to the company Roshec . and should be interpreted accordingly. The expression “User Information” refers to the personal details that can be collected by Us on the website Roshec and/or at the time of registration and/or acquisition to/of any services or products of Roshec . The expression “Our websites” refers to the websites “www.roshec.com ” and all websites that are associated to it. However, the expression “websites Roshec ” refers to the websites of our users, this means the websites created using the system Roshec . The “Third Party” refers to any person/subject/company which are not associated to Roshec.
All fees are subtracted from Your credit account that is filled with the money based upon your free consideration which is related to the future Use of the Services. In case Your credit balance of your account is exhausted and You cannot order any services, Your account remains available for You with a limitation on use of paid functionality of the Services anyway. All the Services which You can use repetitively (such as enrols or other Services) will be made unavailable until the credit is filled to cover respective fees.
- Roshec quotes prices and issues invoices in US dollars (USD), RAND (ZAR) only. The client must pay in the currency shown on the invoice.
- Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
- Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country’s tax regulations.
- The client must pay in full before the start of any training event or shipment of any product or course materials.
- With purchase orders Roshec will raise an invoice for the course fees and any certification / exam fees before the start of the training. In the case of PO’s the client must pay any invoice within 30 days of the date on the invoice.
- Online payment is the preferred method of payment. Recognised credit cards are Visa/Mastercard/Maestro.
- Course fees include the licensing of training materials to a limited period of time to and appropriately qualified course content. Each license is valid to one person only and cannot be exchanged or shared.
- Roshec reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
- All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking.
- Late payment may incur penalty charges including removal of any discounts.
- Roshec reserves the right to charge interest on late payments of invoices at a rate of 8% above the Bank if need be.
User is fully responsible for all content they upload, publish or display (or hereinafter “post”) on the website or through the Service of the website, or transmit to or share with other users (collectively the “User Content”). You may not display, transmit or share User Content on the website or service which You did not create or which you have not permission to post. You understand and agree that Roshec can, but is not obliged to, review the website and can delete or completely remove any site content or user content without any notice in its complete discretion, for any reason or no reason, including user content that in the sole judgement of Roshec ,violates this agreement or that can be offensive, illegal, or which may violate the rights, harm or threaten users safety or safety of the others. You are fully responsible at your sole cost and expenses for creating backup copies and replacing and user content that you post or store on the website or that you provide to Roshec .
Whenever post user content is posted to the website, You authorize and direct Us to make such copies thereof as we deem necessary in accordance with facilitating the posting and storage of the user content on the website. When You post user content to any part of the website, You grant, represent and warrant that You are allowed to grant, to the Roshec irrevocable, perpetual, non-exclusive, fully paid, transferable, worldwide license (with the sub-license right) to copy, use, publically display and perform, translate, reformat, except (in part or in whole) and distribute this user content for any purpose, commercial and other, on the website or in connection with the website or its promotion, to prepare derivative works of, or incorporate in other works, eg. user content, and to authorize or grant sub-licences of the foregoing. User content can be removed by You from the website at any time. In case you decide to remove Your user content, the licence which is granted above will expire automatically. However, You acknowledge that Roshec can retain copies of Your content which are archived. Roshec does not assert ownership over user content, rather, as between Us and You, subject to the rights which are in these Conditions granted to Us, You retain full ownership of all user content that belongs to You and any intellectual property rights or other proprietary rights which are associated with your user content.
You agree that the content will be in your system marked to show in public marketplace will be displayed to other users of the Internet and public users are allowed to access for a fee which you set up or for free. Content made available for purchase has to remain available unless users who paid the fee have finished with the content, in case due is still in the future.
5. Contract and the Revocation of the Contract
Binding contract is made between You and Roshec at the moment of Your order. It is taken as confirmed once the payment is finished. “Successfully completed payment” is defined in a way that the sole amount is paid, and in the administration of Your account the invoice can be found. You cannot ask for cancellation of the services ordered.
5.2 Revocation of the Contract
You can ask for revocation of all the services at any time in case no fee refund is demanded. The request for cancellation of servces or their change (ie. anything that has the affect on functionality of Your project) has to be presented by You (project owner) in written form (by e-mail), from the e-mail address used when registering the project.
5.3 Contract Duration
Contracts about purchase of additional services are concluded for the period of 1 day, 5 days, 8 days and 10 days pertinent to the course/s chosen.For other services, if not stated differently upon purchase, the contract ends once the service is activated.
6. Payments, Fees and Compensations
It is possible to pay for the services by PayPal or Your credit card via the PayPal services or by Pasyfast via credit, cheque card, eft, debit card.
If it is not stated differently, all fees are quoted in US Dollars or Rands (depending on the currency that You had selected). User is responsible for the payment of all the fees and related taxes that are associated with our website and services using a valid method of payment.
6.3 Credit Account
Any fees which are subtracted from the User´s Roshec credit account which is filled based upon User´s free consideration in relation to the future use of our services. In case the credit on user´s account is exhausted and therefore no services can be ordered, the account stays available for user´s use anyway, with the limitation on use of the services with paid functionality.
The services where the repetitive use has been set (enrols and other services) will be paused in case the attempt to re-enrol was done unless the credit is re-filled in order to cover respective fees and the user manually re-activates.
6.4 The Currency of Credit Account
In the administrative section of the account the currency of the payment can be set. In case of currency conversion current exchange rate is used. Your fees in the system related to the currency You have chosen will subject to related fees. We take no responsibility for the accuracy of exchange rates we get from external sources.
6.5. Taxes and Fees
If not stated differently, taxes, duties, levies or similar governmental assessments of any kind, including but not limited to VAT, use or withholding taxes, sales, assessable by any local, provincial, state, federal or foreign jurisdiction (those are collectively called “Taxes”) have not been included in our fees. The user is responsible for paying all of these Taxes which are associated with their purchase hereunder. In case we are obliged to pay or collect Taxes for which user is responsible under this paragraph, the corresponding amount will be paid and invoiced to You, if you do not provide us with a valid tax exemption certificate which has been authorized by appropriate taxing authority. To clarify, we are completely responsible for the taxes which are assessable against it or based on our income, employees, or property.
6.6 Repetitive payments (automatic service resumption – repetitive use)
In case You had activated any services or operations, the purchased services can be reactivated on automatic basis only for that duraion of the course. At the moment of resumption an adequate amount is subtracted from your Roshec account on the day of resumption.
6.7 Date of Payment and Date of Activation
Date of payment is given based on confirmation of successful receipt of appropriate amount from the payment method provider. In case of payment by credit card or using PayPal, the authorization is done by PayPal and the amount is immediately added to Your course as soon as it is confirmed.
6.8 PayPal and Payfast
PayPal and payfast is a third-party service, which Roshec uses for payment authorization. When being authorized, the delay can occur, which can happen due to overload of the PayPal and payfast service. We are not responsible at all for the functionality and accuracy of the PayPal and payfast service.
7. Service Usage
Paragraphs 7.1-7.8 define acceptable usage of Roshec services. The activities which are against those or are forbidden in any other way, are in violation of the Conditions and therefore subject to limitation of services provided. More information can be found here.
As a User of Roshec you are bound not to send or distribute any materials through Roshec website, that could be considered threatening, defamatory, obscene, causing harm to people´s health, pornographic, or of other illegal nature. It is also strictly forbidden to publish any materials that could somehow violate or infringe, the rights of Roshec or the rights of the others (including, but not limited to confidentiality rights, intellectual property rights and privacy rights) as well as any activities which might be a cause of our or other´s fear or inconvenience. Apart from those You are not allowed to express opinions which are vulgar, sexist, crude, racist or offensive in other way. Our Users are recommended to treat each other with respect and politeness.
7.2 Ownership of the Content
The user is bound to the fact that he/she will not post or make otherwise available any materials that they do not own on the Roshec website with no express consent of the owner in law.
- 4.2) The training material is property of Roshec .
- 4.3) This training material has been prepared, maintained, updated and distributed by Roshec
- 4.4) The use of the training material on our courses is restricted to the Registered User who has been supplied with the log in details by a Training Services Provider as part of an authorised course.
- The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the materials provided by Roshec other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators may be prosecuted.
- The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the materials.
- The materials made available by Roshec are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
- Roshec does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
- Roshec may make improvements, or changes, to this material at any time without prior notification.
- All rights not expressly granted herein are reserved.
- If you do not agree with these Terms and Conditions you must cease to use the e-learning immediately.
7.3 User Participation in Events
User will follow the rules of any competitions, promotional or marketing campaign which they could participate on our website.
You will not take any acts or behave in a way that could affect functionality or security of the website Roshec and you will neither cause unreasonable uncomfort of the staff of Roshec
The User will neither impersonate any entity or person, nor misrepresent their relation to another person or entity.
The User will not promote their Roshec project by sending SPAM (ie. e-mail sent to adressees with no prior permission). Nor can they use our e-mails to send SPAM (ie. group e-mails sent to addressees with no prior permission).
Users will not use workaround of any kind to overcome limitations of service package or the workaround of limitations of any Roshec service or function.
8. Intellectual Property
All copyright work, materials, trademarks and other parts the website Roshec , or parts supplied together with Roshec website that are protected by copyright, remain, under any circumstance, ownership of Roshec or its providers. You are not entitled to use such protected content or material without having explicit authorization of Roshec or particular provider. The authorization relates only for the use described in Conditions and no other. You are neither not allowed to copy, reproduce, distribute, commercially use or benefit in any form from such materials or content, nor can You assist at or enable activities listed above to the third party.In case you become aware of the fact that the Conditions are being violated in any way, you agree to notify Us immediately.
9.2 Data Processing
On different pages of Roshec You may be asked to enter personal information about Yourself. We do not use such information in other ways than in the way defined on the place where we make such request. All data collected is processed in the way and with the limitations stated in the Conditions.
9.3 Personal Data Withdrawal
You can ask for a withdrawal of Your personally identifiable data from our marketing database. If you want to do so, You (the owner of the project) have to make a request in the written form (from the e-mail address used at the registration of Your project) through the Contact page on Our website.
9.4 Change in the Personal Data
We strongly reccommend the update of all personal data as it is used in the services related to Customer Care.
To be able to use Our services and products, You need to have a valid registration of Roshec . This entitles You to run the websites on the Roshec system. You have to enter valid e-mail address, a password and other personal data when registering.
You are fully and exclusively responsible for keeping Your password confidential as well as for the fact that none else gets the access to Your account. All activities that have origin on Your account and/or authorized by Your password are on Your responsibility. Therefore we strongly recommend to keep the password and account information strictly confidential and not to share them with anybody. In case Your password and/or account is used in an unauthorized way, notify Roshec immediately in the written form from the e-mail address You used at the registration of Your project. To avoid the misuse of Your account, please make sure that You sign out each time You finish the session of Your project.
Roshec strives to provide the course content to its participants on a continuous basis. To that end, Roshec will take all commercially reasonable efforts to provide uninterrupted Access of the courses to its participants. However, from time to time, participants may be unable to Access the courses due to conditions beyond Roshec ‘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. Also, from time to time, Access may be 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 courses to its Students, Roshec 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.
Roshec endeavours to provide the highest quality content to its Students. To that end, Roshec reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
10. Violation of Conditions
In case of failure to comply with the Terms and Conditions stated in Article 7 and/or participation on activities breaking these Conditions, You are liable to legal prosecution or direct disciplinary action. The decision to start disciplinary action (including but not limited to interruption of providing all services) is fully under consideration of Roshec and can be executed with no need to state the reason.
Please report any offence against the Conditions or laws valid in Your country immediately. In case You want to inform Us about any such activities, please inform us by email firstname.lastname@example.org
11. Interruption/Termination of Services Provided
We reserve the right to instantly terminate or suspend providing Our services temporarily to Our customers who violated (or who are reasonably suspect that they have violated) our Conditions. We can also terminate providing Our services in case we notice You behave in inappropriate way, which is solely based on Our consideration with no need to state the reason.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO OUR USERS OR THE THIRD PARTY, DAMAGE TO THEIR HARDWARE CAUSED DIRECTLY, INDIRECTLY, OR ACCIDENTALLY AS A RESULT OF THE USE OF OUR PRODUCTS AND/OR SERVICES, OR THROUGH MATERIAL DOWNLOADED. WE ARE NOT RESPONSIBLE FOR THE DAMAGE CAUSED TO USERS OR THE THIRD PARTIES AS A RESULT OF INABILITY TO USE OUR PRODUCTS AND/OR SERVICES AND/OR WEBSITES, NOR FOR DIRECT OR INDIRECT CONNECTION WITH SUCH SITUATION. YOUR USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN RISK AND UPON YOUR DECISION, AND YOU, ONLY YOU, ARE SOLELY RESPONSIBLE FOR ANY HARM CAUSED TO YOUR PC OR ANY DEVICE, OR FOR ANY DATA LOSS CAUSED BY DOWNLOADING ANY MATERIALS.
YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF PRODUCTS, SERVICES AND WEBSITES OF ROSHEC IS DONE UPON YOUR FULL RESPONSIBILITY AND THAT THE WEBSITE ROSHEC IS PROVIDED “AS IT IS” AND “IS AVAILABLE WHEN IT IS AVAILABLE”. FURTHEMORE YOU AGREE AND TAKE INTO ACCOUNT THAT WE ARE NOT RESPONSIBLE FOR AVAILABILITY AND/OR FUNCIONALITY OF ANY PARTS PROVIDED BY THE THIRD PARTY AND WHICH ARE ACCESSIBLE THROUGH THE ROSHEC WEBSITE.
12.1 Third Parties
We are neither responsible for nor do We endorse any content, advertising, services or products available through the websites of the third parties. All transactions made between You and the third party made available through the Roshec website, including payments and service deliveries and any other conditions, warranties or links associated with these third parties, are between You and the particular entity. Therefore Roshec is in any case not responsible for any damage/loss that could occur.
12.2 Warranty Exclusion
Roshec , its subsidiaries and its licence providers DO NOT WARRANT that:
- The services that You will use will match your requirements
- Your use of products and services will not be interrupted, will be timely, secure or free from viruses or errors
- Information obtained when using Our products or services will be accurate and reliable
- Operational or functional defects of any software will be fixed
No advice or information, no matter if oral or written, that you obtain from Roshec , will not create any responsibility or obligation which is not expressly stated in these Conditions.
Furthermore, Roshec expressly disclaims any warranties and conditions, whether implied, or expressed, including, but not limited to expected warranties and conditions of marketability and/or suitability for a particular purpose.
13. Limitation of Liability
Apart from the general arrangements in the Disclaimer above (paragraph 12), you expressly AGREE WITH THE FACT, THAT ROSHEC , ITS SUBSIDIARIES AND PROVIDERS HAVE NO LIABILITY TO YOU FOR THE CASES STATED IN PARAGRAPHS 13.1 TO 13.4
Any direct, indirect, incidental, specific, consequential or exemplary damage that can be caused by Your action, with no regard to their origin or to hypothesis of their origin. This includes, but is not limited to, any possible loss of profit (no matter if it occured directly or indirectly), any loss of trust or business reputation, data loss, costs of obtaining substitutional goods or services or other intangible loss.
Any damage or loss that can be incurred to You, including, but not limited to those as a result of:
- any reliance on completeness, accuracy or existence of information of any kind that is displayed on the website;
- any allowed change made by Roshec as a part of their service, or any permanent or temporary cancellation in providing particular services or offers (as well as any functions connected with these services);
- Disruption, deletion or failure to store any content or other communication transferred or maintained through Your use of the services;
- Not providing relevant and accurate information from User;
- Password loss or the loss of access to Your account caused by You, or making access to Your account or to password available to the third party
The limitations to liability of Roshec to You stated in paragraph 13.1 are valid both whether Roshec has or has not been notified of possible loss or whether it could or should have been aware of them. Legal limitations lawful in Your jurisdiction do also apply to You.
13.3 Information Provided on the Roshec Website
We are neither responsible, nor liable to:
- Material created by Users, especially, but not limited to those which are posted on blogs and/or forums. We also state that we do not endorse such materials and they do not need to express our opinions. We reserve the right to monitor these materials, answer, make comments, edit or refuse to post, delete any content fully upon Our consideration. Such act of not doing so, does not mean that We agree with, constitute or endorse such contribution;
- Accuracy, reliability or timing of any information/statement on Roshec websites, we are neither responsible for announcements, advice and/or opinions published by Users on blogs and forums (except to the extent demanded by law). In case You have any claim which arises from activities and/or statements of other User, You agree that You will enforce such claim against that particular User and not against the company Roshec ;
- Quality, suitability or accuracy of Roshec website, except to that required by the law. Anyway, we will make all reasonable effort to provide the services in the most professional way;
- Any untrue fraudulent statements, any injuries or death caused by Our dereliction. We are not responsible for any loss/damage caused to You or the third party that can be taken as a result of the use or related to Your use of the Roshec website.
14. Continuous Improvement Process
As the quality of services and products We provide belongs to our main priorities, we continuously improve our services/products (Continuous Improvement Process), both in technological as well as user-friendly means.
As a part of the Continuous Improvement Process of Roshec , any comments or suggestions to any parts of Conditions are welcome. In case You want to contribute with Your comment, do so by sending an e-mail to Our address INFO@ROSHEC.COM