Terms and Conditions for individuals taking Diverse Conversations’ online learning programs.
These terms and conditions govern how Diverse Conversations supply eLearning (“the Products”) courses to you.
Please read these terms carefully before you submit your order to Diverse Conversations. These terms tell you who Diverse Conversations are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. All rights not expressly granted in these terms are hereby reserved.
You agree to review this Agreement periodically to ensure that you are aware of any amendments to this agreement, which may be made at any time.
Grant of Licence
In consideration of your payment, Diverse Conversations hereby grant you a license to use the purchased eLearning courses (“the Products”) for 6 months from the day of purchase. Thereafter your license for that particular course expires. This license is limited and non-transferable and is subject to the rights and obligations granted under these Terms.
This license is personal to you and cannot be shared or exchanged with others.
Diverse Conversations will provide you with login details once you’ve made the payment. You will then receive an e-mail with the log-in instructions and an orientation video. For you to log-in successfully you will be required to complete a detailed registration form. You will be able to receive content and technical support in the form of a “Need Help” button which will appear once you start your courses.
You shall not copy, modify, transmit, distribute, or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute, or in any way exploit the Products or any other copyrighted materials.
We provide the materials ‘as is’ and without any warranties, whether express or implied. We also do not warrant that the materials will be error-free, including technical inaccuracies.
At the end of each course, you will receive a certificate. By taking these courses and completing the knowledge part of the course you may be enhancing your chances of securing a position in a healthcare company. This certificate excludes the formative portfolio activity assessments and summative assessment tests and activities. This certificate is not a guarantee that you will be employed by any company nor does it guarantee that you will get the practical and workplace experience needed to achieve any of the full accredited qualifications. The responsibility to be awarded workplace experience is your own and not the responsibility of Diverse Conversations. Diverse Conversations might choose to assist you in this where possible. Your details as completed on the registration form will go onto a data basis used to include you should workplace experience become available.
Access to Materials
The starting date of your access to the Product(s) is deemed to be the date of purchase. We will attempt to contact you 1 month before the expiry date to inform you of its expiry. It is your responsibility to ensure that all course content has been completed within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons may include amongst others, force majeure events, power outages, and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance, and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel, or money.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification to ensure that they are up to date and accurate.
Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
Pricing & Payment
Diverse Conversations use PayFast as a third party payment provider. Payment for the Products must be made at the point of purchase and is not refundable.
You agree to provide payment for the Products in the stipulated currency being South African Rand ZAR and you will be liable to pay any relevant conversion charges, as well as applicable sales tax in your region. Please note that we must receive your payment in full before providing you with access to the Products.
Your payment includes the licensing of the Products for 6 months. We are unable to provide a refund if you fail to complete the content within the allocated time.
We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.
Diverse Conversations might from to time advertise special offers. These special offers will be strictly according to the unique terms at the time that it becomes available. Special offers will not apply to courses already purchased at the time that the special offer is advertised.
Products are delivered to you immediately once purchased and you will not have the right to change your mind.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment, and Internet service, before purchasing any content. Diverse Conversations are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
Diverse Conversations may restrict your access to the Products if you breach these terms, including without limitation:
- a) A failure to make any payment due to Diverse Conversations; or
- b) Failure to provide accurate information that is necessary for Diverse Conversations to provide the Products to you
All rights, title, and interest in intellectual property rights relating to the Products including copyright, patents, trademarks, trade secrets, improvements, developments, proprietary information, know-how, processes, methods, business plans or models (including computer software and preparatory and design materials thereof) and all other intellectual property (whether registered or not) developed or created from time to time shall exclusively be owned by Diverse Conversations. While you may utilize the intellectual property, you understand that there shall be no transfer of ownership of the same.
Nothing that you see or read in the Products may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use.
All other trademarks, service marks, and trade names in this material are the marks of the respective owners and any unauthorized use is prohibited.
Throughout your learning, you might be exposed to the forums or in another way to fellow students taking the same course. Your undertaking is that you will deal with all such company and personal information in a highly confidential and lawful manner.
Diverse Conversations are hereby indemnified against any incidental and consequential damages, that may arise.
Diverse Conversations are therefore not liable to you in any way for any indirect, special, incidental, punitive, or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any other commercial damages or losses.
Diverse Conversations’ liability to you for any damage to your computer system or loss of data resulting from the downloading of content is limited to the amount you have paid for the Products. In no event shall Diverse Conversations be liable for damages above this sum.
Nobody else has any rights under these terms – they are between you and Diverse Conversations. No other person shall have any rights to enforce any of its terms.
Regardless of the place of execution, performance or domicile of the parties, this agreement shall be governed according to the laws of the Republic of South Africa.
If a court finds part of these terms illegal, then the rest will continue in force.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.