Login and password
1.1 Users of the Earth Charms PTY Ltd website, whether simply browsing as a guest, or with a purpose to procure services offered on the website, shall register their user name and password. In so doing, Earth Charms PTY Ltd is entitled to assume that the individual so registered is the user.
1.2 The user is solely responsible to secure and maintain confidential the information provided to Earth Charms PTY Ltd. Earth Charms PTY Ltd accepts no responsibility for the user’s failure to maintain the confidentiality of such information.
Security and privacy
2.1 Earth Charms PTY Ltd will take all reasonable steps to protect the privacy of a user’s personal information that may be submitted via the Earth Charms PTY Ltd website. “Personal Information”, as referred to in this document, has the same meaning as that assigned to it in the Protection of Personal Information Act, Act 4 of 2013, and/or the corresponding definition in the Promotion of Access to Information Act, Act 2 of 2000, and/or the corresponding definition defined in the Electronic Communications and Transactions Act, Act 25 of 2002, as the context requires, all of which are laws promulgated in the Republic of South Africa.
2.2 Measures have been taken and are updated, from time-to-time, that secure the integrity of information of the website. Whilst every precaution is taken to protect the privacy of a user, Earth Charms PTY Ltd cannot be held liable for loss of security or loss of integrity of a user’s personal information due to hackers, security failures or other attacks.
2.3 Information transmitted using the internet is sometimes subject to unlawful access and monitoring. Every user must therefore identify, consider and assess the associated potential risk when using this website.
2.4 By using the Earth Charms PTY Ltd website the user agrees to Earth Charms PTY Ltd’s right to intercept and control communications sent by the user to the Earth Charms PTY Ltd website.
2.5 By using the Earth Charms PTY Ltd website, and more particularly, when logging on to the Earth Charms PTY Ltd website, the user expressly consents in writing, as required by the Regulation of Interception of Communications Act, Act 70 of 2001, and the Electronic Communications and Transactions Act, Act 25 of 2002, both being laws promulgated in the Republic of South Africa.
2.6 The Earth Charms PTY Ltd website has been created with the explicit intent of providing access to information about, and sale of, Governance, Risk and Compliance related products and services. As part of these processes the information provided by a user, in whatever format; be it idea, material, assessment content, assignment or similar, will be considered non-confidential and non-proprietary, except to the extent set out in the conditions defined of the Earth Charms PTY Ltd website. If the submitted information includes or constitutes personal information, the user acknowledges and agrees that such information may be transmitted across international borders in accordance with the provisions of the conditions of the Earth Charms PTY Ltd website.
Online Purchases
3.1 In order for you to register to take a course, or purchase a compliance related service, you may be required to disclose information of a personal nature, or in the case of a business a confidential nature, that may include:
3.1.1 in the case of an individual, your user name and password, name, surname, identity number, date of birth, postal and residential address, email address, internet protocol address and telephone numbers;
3.3.2 in the case of a public or private organisation, your user name and password, name, surname, company registration number, postal and residential address, email address, internet protocol address and telephone numbers;
By providing this type of information when registering to purchase a product or service, you consent to this information being used and processed, along with information supporting your purchase of product(s) or service(s).
3.2 Earth Charms PTY Ltd may use the information you provide to process your order, to communicate with you and to provide products and services, it is therefore critical that this information is correct and maintained by you when your circumstance and associated personal information changes.
3.3 Earth Charms PTY Ltd commits to never, in any way provide, disclose or sell personal information to a third party that is not affiliated with Earth Charms PTY Ltd and shall only provide such affiliates, including content providers, information that is necessary for the discharge of their duties that support the provision of Earth Charms PTY Ltd products and services.
3.4 Earth Charms PTY Ltd retains the right to use your private information in the discharge of its duties in law and in support of the services provided to you. This may include its efforts to improve the functionality of the Website, improve the products and services it offers to the market, and protect its rights in legal matters.
3.5 Earth Charms PTY Ltd will use your personal information to communicate with you regarding administrative matters and customer services relating to the products and services you have shown an interest in or purchased.
3.6 Earth Charms PTY Ltd reserve the right to disclose your Personal Information if required by a court of law to do so.
3.7 Earth Charms PTY Ltd may use your personal information to communicate newsletters, notices and marketing material to the email address provided by you during registration, or as amended from time-to-time. You may unsubscribe from such communication by selecting the ‘unsubscribe’ link displayed on the related email.
Limitation of liability
4.1 By using this website you expressly agree that Earth Charms PTY Ltd will not be held liable for damages that may be suffered by the user or any third party, that relate to or may arise from this or any other agreement displayed on the Earth Charms PTY Ltd website. This includes direct damages, and indirect damages or consequential damages.
4.2 The user acknowledges and agrees that Earth Charms PTY Ltd shall be held harmless and is therefore indemnified in regard to any claim that a third party may bring against Earth Charms PTY Ltd that arises from or that relates to this or any other agreement displayed on the Earth Charms PTY Ltd website.
4.2.1 This acknowledgement and indemnity includes all liability arising from misuse of your user information, or if another person accesses your profile and uses, or impersonates you, without your consent.