Website Terms and Conditions

1. Website Terms and Conditions of Use

• These Terms and Conditions (“the Terms and Conditions”) govern your (“the User’s”) use of the SA Professional Mind Resilience Institute (Pty) Ltd’s (Registration Number: 2023/935965/07) (“Provider’s”) website located at the uniform resource locator (“URL”) pmri.co.za (“the Website”). These Terms and Conditions include the Terms of Use displayed on the Website.
• By accessing and using the Website, the User agrees to be bound by the Terms and Conditions which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view or make use of the Website.
• The content of this Website is proprietary to the Provider and / or otherwise utilized in terms of a written license agreement entered into between the Provider and the proprietor of such content.
• As such, the User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website (including any product or service acquired therefrom) for marketing and/or any other purposes without the prior consent of the Provider, which consent shall be exercisable in the sole, absolute and unfettered discretion of the Provider.

2. Contractual Capacity to Act

• The User warrants that he / she is at least 18 (eighteen) years of age and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions.
• Where the User acts on behalf of a juristic person, the User agrees to bind himself / herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations as arise from these Terms and Conditions.
• Notwithstanding the above, the User (where he/she acts on behalf of a juristic person) warrants that he / she has the necessary authority and capacity to enter into and bind the juristic person to these Terms and Conditions.

3. Electronic Communications

• By using this Website or communicating with the Provider by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication shall have been adequately addressed to the User upon:
  • transmission by e-mail to the e-mail address provided by the User; or
  • a prominent notification or statement displayed on the Website which has been acknowledged by the User in the manner required by such notification or statement.

4. Personal Information

• The User consents to the processing of personal information submitted by the User or otherwise filled in by the User on this Website (“the Personal Information”) together with the following:
  • the User’s name, address, phone number, payment details and email address;
  • IP address;
  • information specifically and voluntarily entered by the User pursuant to using the Website;
  • information required to identify a mobile or other electronic device used by the User, including the device ID and location; and
  • a record of the User’s behaviour and interaction with the Provider in relation to use of the Website and/or the products and services pertaining thereto.
• The Personal Information will be processed by the Provider for the following purposes:
  • verifying the identity of the User;
  • entering into and concluding an agreement with the User (where applicable);
  • sharing such information with third parties who require same in respect of services to be procured by or potentially procured by the User and/or processing payments on behalf of the User;
  • record keeping and statistical purposes;
  • enabling the Provider to enter into communications with the User in relation to the Provider’s products and services;
  • transmitting and receiving necessary correspondence to the User in relation to the services and products offered on the Website;
  • processing payments, refunds and the like in respect of any subscriptions or other monetary transfers made by the User;
  • transmitting marketing material to the User in respect of products or services sold by the Provider or the Provider’s partners;
  • performing website analytics to improve the Provider’s services;
  • maintaining and improving the Website and tailoring the User’s experience;
  • employing security safeguards in relation to the User’s use of the Website; and
  • exercising any legal right or obligation accruing to the Provider.
• Failure by the User to submit the requisite personal information may render the Provider unable to engage in meaningful interaction with the User and/or process payments, refunds and the like.

5. Cookies

5.1 What are Cookies?

• Cookies are text files sent by the Website or the Provider to the User’s device, which are then resent to the Website when the User visits the Website again. Each cookie is unique. Some cookie functions may be delegated to other technologies. In this document, the term “Cookie” includes a reference to both the cookies themselves and to other similar technologies.
• Cookies make it possible to store information regarding the User’s preferences such as pages visited by the User and the activities conducted during the visit to the Website.

5.2 Accepting or Rejecting Cookies

• By accessing and using the Website, the User accepts that Cookies may be sent and collected by the Provider or at the Provider’s instance.
• Where the User refuses to accept these Terms and Conditions and abandons the Website, any cookies stored in the User’s browser or device will remain thereon but will no longer be read or used by the Provider until the User accepts these Terms and Conditions.

6. Security Safeguards

• The Provider shall take appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession in order to guard against:
  • loss of, damage to or unauthorised destruction of personal information; and
  • unlawful access to or processing of personal information.
• The Provider shall not however be held responsible, and the User agrees to indemnify and hold harmless the Provider for any security breaches occurring on the User’s electronic device which may arise as a result of the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

7. Updating of these Terms and Conditions

• The Provider reserves the right to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.
• It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates.
• The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

8. Limitation of Liability

• The Website and all content on the Website, including any current or future offer of products or services, are provided on an “as is” basis. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the content.
• Neither the Provider, its directors, agents or assigns, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred in relation to the services offered on the Website or agreements entered into with third parties.

9. Casual Surfing

• The User may visit the Website without providing any personal information. The Website servers may in such instances collect the IP address of the User’s computer or other electronic device, but not the e-mail address or any other distinguishing information.
• The information is aggregated to measure the number of visits, average time spent on the Website, pages viewed, etc. The Provider uses this information to determine use of the Website and to improve content thereon.
• The Provider assumes no obligation to protect this information and may copy, distribute or otherwise use such information without limitation.

10. Governing Law

• This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories where the content or purchase of any products is illegal is prohibited.
• These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of any High Court with jurisdiction for purposes of resolving any dispute in connection with the use of this Website.
• These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

11. Compliance with Section 43 of the Electronic Communications and Transactions Act, 2002

• In compliance with section 43 of the Electronic Communications and Transactions Act, the Provider draws your attention to the following information: